Uccello’s Restaurant i
n Wayland has presented its side of the case in which it has filed a lawsuit against Stefano Levant, who recently reopened his pizzeria and continued to use the name “Joe’s Way.”
Uccello’s, in a suit filed by attorney Steven J. Vander Ark of Grand Rapids, is charging Levant with common law trademark infringement, insisting it rebuilt the brand name of the restaurant purchased from him at 132 W. Superior St. before mo
ving it to 700 W. Superior St. to start the current Uccello’s restaurant and sports bar.
The lawsuit will be heard in Allegan County Circuit Court Monday, May 18.
According to the suit, Levant bought what then was known as Joe’s Way from Giuseppe “Joe” Stabile and Maria Stabile in February 1999, but afterward, “the business began to decline in quality and reputation. Creditors and suppliers were not being paid and food products and supplies were not beling delivered on open account.
Silvana Vitale and Salvatore Uccello bought Joe’s Way in October 2001 and Levant agreed not to open another pizzeria within a 10-mile range of 132 W. Superior St. And, on Oct. 30, 2001, he filed a dissolution of Joe’s Way Pizza Inc. with the State of Michigan.
Vitale and Uccello both insisted they had to pay Levant’s previous unpaid creditors to re-establish food delivery. They opened the Uccello’s eatery and bar in early 2006, but kept the Joe’s Way phone number (269-792-6211) for handling takeout orders.
The building at 132 W. Superior St., meanwhile, was sold to Hastings City bank, which operated its business immediately to the west.
Levant and Judy Mendoza Bixler opened their Joe’s Way pizzeria at the site that formerly had housed Wing Kingz in the plaza that also is home to Big Dipper Ice Cream and the Wayland Party Store on West Superior Street.
Vitale and Uccello insist that his use of the Joe’s Way name has caused unnecessary confusion and deception because it was long associated with their business. They also claim Levant is enjoying, “unjust enrichment.”
They seek an injunction against his use of the name Joe’s Way.
Levant, in a story published last week, said he’s tried to open pizza establishments elsewhere in West Michigan, but has run into difficulties with his competition. He said he attempted to open restaurants in the Rockford area and on Plainfield Avenue, but was told he was too close to Uccello’s-related businesses, such as Florentine’s.
“Every time I open, there’s a problem,” Levant said. “I’m not moving out now. I will stay even if I have to change my business name.”
I find it hard to believe that Wayland residents support yet another PIZZA joint! We already have too many. I was really hoping for an authentic mexican or pit bar-b-que offering. We need more variety!