NEW YORK New York City owns the rights to the Tavern on the Green name, a U.S. district judge ruled Wednesday.
The ruling in the case, which pitted the city against the heirs of Warner LeRoy, former operator of the restaurant, ensured that the 76-year-old Central Park icon, could continue to trade under its famous name.
“Because the undisputed facts show that the city established and continuously maintained a restaurant under the name Tavern on the Green at the same location in New York’s Central Park since 1934, the city has a protectible interest in that name under the law of New York,” Judge Miriam Cedarbaum said in her ruling.
Ownership of the restaurant’s name and intellectual property, which the LeRoy family said was valued at about $19 million, was the subject of bitter dispute between the family and the city.
The LeRoy family argued that Warner LeRoy had had the name trademarked more than 30 years ago and, as a result, was the rightful owner. However, in her ruling, the judge noted that the city established the restaurant more than 35 years before LeRoy registered the name.
“This is a major victory for the city and all New Yorkers,” said Michael A. Cardozo, an attorney for the city. “We have ensured that the legacy of the long-treasured restaurant will be preserved for generations to come.”
According to LeRoy spokeswoman Shelley Clark, the family had no comment at press time on the ruling, but she said they could “certainly appeal [though] “it is not clear yet if there will be one.”
The family last year lost its contract with the city to continue operating the restaurant, which it had run since 1976. The city inked an agreement with New York restaurateur Dean Poll, operator of the Central Park Boathouse, as Tavern’s new concessionaire.
Barry LePatner, an attorney for Poll, applauded the ruling, saying it would preserve the Tavern on the Green name for years to come.
“Today’s decision confirms the unwarranted usurpation of the city’s rights to the name Tavern on the Green by Warner LeRoy,” LePatner said in a statement. “The rightful entitlement of the City of New York to that name has now been vindicated by this well-reasoned opinion.”
Though the LeRoys closed Tavern’s doors Dec. 31, Poll is expected to reopen the restaurant following a massive, $25 million renovation to restore the facility and make it environmentally friendly.
The LeRoy family filed for Chapter 11 bankruptcy following the termination of its contract with the city. Last week, a U.S. bankruptcy judge ordered the case be converted to a Chapter 7 liquidation. Creditors had requested the switch after an auction of the restaurant’s contents failed to bring in enough money to pay off the establishment's debt.
In its heyday, Tavern on the Green, known for its opulent, over-the-top decor, was one of the country’s highest grossing restaurants, reportedly generating about $38 million in annual sales.
Contact Elissa Elan at [email protected].
