BANGOR, Maine — The Queen City’s sandwich battle is over. At least on the legal front it is.
The debate over who makes sandwiches most like the ones served at the Coffee Pot, a landmark Bangor business on State Street that closed its doors on Dec. 31, 2009, quietly rages on.
The closure spun off at least five surrogate sandwiches, including those made by the Coffee Pot Cafe at 652 Broadway, owned by Dr. Robert E. Erickson, a Bangor dentist, and The Legacy Sandwich Shop at 163 State St., owned by Bruce and Carol Guimond of Hermon.
Last year, the Coffee Pot Cafe sued The Legacy Sandwich Shop over the use of the words “deluxe” and “superdeluxe” to describes its sandwiches.
Lawyers for the owners of the two rival Bangor restaurants that make sandwiches similar to the beloved Coffee Pot — a sandwich made with ham or salami, onions, cheese and vegetables — on Oct. 1 filed a joint stipulation of dismissal in U.S. District Court in Bangor. The case will be dismissed by U.S. District Judge D. Brock Hornby “with prejudice,” which means it can not be resubmitted in federal court or refiled in state court.
Earlier this week, Erickson referred questions about the dismissal of the lawsuit to his attorney, Anthony D. Pellegrini of Bangor. Pellegrini declined to comment.
“A dismissal with prejudice functions as an adjudication on the merits and any attempt to refile similar claims in another court, including state court, is barred,” Sean Sweeney, the Portland attorney who represents the Guimonds, said Thursday in an email. “Accordingly, because the Coffee Pot Cafe’s complaint expressly raised issues of state unfair competition in Counts 6-10, the Coffee Pot Cafe is precluded from raising these claims again in state court.”
Carol Guimond said Wednesday that the trademark issue has been hanging over their heads since their second day of business, May 18, 2010, when they received a cease and desist letter from Pellegrini. The lawsuit was filed in March 2012 in federal court in Bangor.
“It feels like a great big cloud has been removed but there’s still damage from the storm,” she said Wednesday in a telephone interview. “It’s been two-and-a-half years of trademark bullying and confusion for our customers.”
She continued: “We are moving forward running our business just as we have but without the lawsuit hanging over us. Our customers have been wonderful and very supportive.”
The complaint alleged that Legacy Sandwich began using nearly identical names — “Legacy Deluxe Sandwich,” “State Street Super Deluxe Ham and Salami Sandwich,” “State Street Super Deluxe Ham Sandwich” and “State Street Super Deluxe Salami Sandwich” — for its own creations when it opened next door to the original Coffee Pot location shortly after the Coffee Pot Cafe made its debut.
The Coffee Pot Cafe alleged that this “caused a likelihood of confusion or of misunderstanding” as to the source of Legacy Sandwich sandwiches and that the similarity of its sandwiches’ names to those used by the Coffee Pot Cafe led some people to believe that there was an affiliation or association.
Sweeney said one of the issues that led to the dismissal of the case was that Erickson filed the trademark for the words “deluxe” and “superdeluxe” with the Maine Secretary of State’s Office, not with the U.S. Patent and Trademark Office, which conducts a search to see if there are other similar patents or trademarks pending. The state is not able to do similar searches to determine the uniqueness of a patent or name, the attorney said.
“A lot of restaurants, including some national chains, use these words,” Sweeney said. “They are common in the food industry.”
What a stupid lawsuit.
You think that was bad what about wal-mart . they brough a law suit agence an other store for using the frase “every day low prices ” but lose because every place uses it an that fease can not be patted either
HUH ?
In da udder way it be agence no-one bekas thy latin sucks.
Yup, it’s like trying to file suit for “Italian sandwich” or “dagwood”. Only the lawyers win in these cases.
It’s a gaw dang Gas Station Sandwich. There is nothing unique about it.
A lawsuit that should have been dismissed a long time ago
Agreed.Bangor now has 2 great sandwhich shops. Both make a great sandwich. More jobs. More revenue(where’s the beef ?)pun intended.
A sandwich, by any other name, is still a sandwich.
Even Sigmund Freud said “Sometimes a cigar is just a cigar.”
The Guimonds are wonderful people. This was a ridiculous lawsuit against them from the beginning. What an absurd waste of everyone’s time, and money. You cannot trademark the words deluxe and superdeluxe. Various businesses of different products use that. In the end, I can only say that I can rest easy knowing that The Legacy Sandwich Shop was voted Bangor’s BEST sandwich shop. :) I say everyone who reads this should show their support for the Guimonds by rushing right to The Legacy Sandwich shop on State Street and buy some sandwiches!
I go there as often as I can! I tried both shops and find that The Legacy’s sandwich taste the best!
Both shops are operated by nice people and make good sandwiches. For pure authenticity, however, you cannot beat the Coffee Pot Cafe. They hit it out of the park every time.
nooo, their veggies aren’t fresh, sorry you are way out of the ball park
I think they’re both good but there is absolutely nothing unique about them.
I disagree. I have had sandwiches from both places. Coffee Pot Cafe on Broadway is the best.
Congrats, Tony!
Tony Lost. I’m heading to state street. :)
Stupid that a commonly used word(s) can be the source of a lawsuit.
‘Merica.
The original Coffee pot closed??!
Who knew?
I must start getting out more often.
I’m not sure if it’s a “who knew?” more than it is a “who cares?”
really, both sandwiches are lacking. i’ll continue to make my own.
Ahhh.. but to have a “blimpie”
Good, then I don’t have to worry that you will get the last sandwich.
Next, Dr. Erickson will sue McDonald’s for calling their coffee sizes “small”, “medium” and “large”.
It all makes sense, thats what Starbucks was worried about and why they chose such strange names!
you are wrong, he DID give his blessing for the legacy, look on their wb site, he is pictured there!!
Is he? I havn’t paid too much attention, I guess. My bad.
I’ll be stopping at Legacy today to celebrate.
I hope they dont start calling their sandwiches , ” tasty” or ” delicious”.
That certainly will open the floodgates for litigation …. more.
Sheeeesh !
Worst. Sandwich. Ever.
How does one”quietly rage”?
I can’t believe this became a lawsuit,when I first heard about it I thought it was a joke! The Legacy Sandwich is a great business with great people who have remained very strong through it all &they did have the blessings from Skip as the Bangor Daily had stated in their paper.Keep up the good work making the best sandwiches!
If the Legacy didn’t have Skip’s blessings, why did he appear in one of their commercials?
I didn’t know he had. I don’t watch TV and nor have I really kept up with whats been going on.
Well, I know where I won’t be getting dental work done! Who wants to be around a professional who likes to throw law suits around over words that are common place in a lot of food places.
loved the original coffee pot, both new ones are o.k. but for once devildude and i agree. maybe there is hope for the country after all.
Better check Dptydawg’s reply to devildude. Just sayin’, and I’m another old, cranky yankee.
Just sour grapes. Erickson is jealous because Skip endorsed the Legacy Sandwich shop and not his, It’s time for Erickson to put on his big boy pants on and move on!
I say we load all of the local Pharmacies with Coffee Pot Sandwiches. If they are as special as many of us seem to think -the bad guys will steal the controversial sandwiches instead of the drugs. Case Closed.
Well this is a real pickle!
I don’t understand, what’s the beef?
They both should just roll on.
They should let us decide!
What a cheesy lawsuit.
I always relish a good lawsuit.
Both shops are being sub-versive…
The Coffee Pot Cafe is worried about customers being confused because of a sandwich name. How about the actual name of the store? The CP Cafe is not like the Coffee Pot I remember, where you stood in line and sometimes risked not being able to get a sandwich. Using their reasoning I should be able to SUE THEM because of false expectations when I walk into the store. THANK you to the Judge for trying to make sure this lawsuit cannot go any further. And to the Coffee Pot Cafe, your blissful ignorance will cause me to NEVER go there again
The Legacy does have Skip’s blessing, there is a picture of Skip with Bruce and Carrol in the shop and I have seen Skip buying a Legacy sandwich!!
I was incorrect, it seems. I havnt really bothered to get involved after Skip called it quits. Guess I should have.
Would you believe A TEMPEST IN A COFFEE POT ?
Dr. Erickson has showed some nerve to file suit against the Legacy for using “his” words. He’s the one who blatantly uses Skip’s business name and continues to use it. His actions show him to be a bully, pure and simple. I am glad he did not get away with it. Good for the Guimonds and their business. Continued success to them at the Legacy.
The food is garbage, the places are not clean, and they should both thank BDN for the free advertising.
In other words, who cares!
This is funny. It’s like 2 kids fighting over the attention of their parents.
Congratulations to the Judge for dismissing “with prejudice”. Translation – STUPID!
Let’s go to Subway!
If evryone spent as much time pickin up B/K & Mc/D’s warppers from around town as they do here ,, what a great plant this could would be..
What a complete waste of the court’s time. Who really cares who makes these cast-off sandwiches! What Bangor needs is a good quality kosher deli…instead we have run of the mill imitation “Coffee Pot” food. There’s the crime!