Editor's note: This story was originally published in the .
If the in Belleville ever reopens, and a new franchise agreement isn鈥檛 signed, all signs and logos of the 贬辞蹿产谤盲耻丑补耻蝉 brand must be removed, according to a federal judge鈥檚 order filed Wednesday.
This requirement is part of a settlement agreement approved by U.S. District Judge Staci M. Yandle in the Southern District of Illinois.
The national franchisor, LLC, has agreed to pay for the removal the large, blue 贬辞蹿产谤盲耻丑补耻蝉 signs on the exterior of the Belleville restaurant, according to Yandle鈥檚 order, which is based on a proposed settlement agreement filed last month.
Operators of the restaurant also must remove or cover all 贬辞蹿产谤盲耻丑补耻蝉 signs on the inside of the building, including branding carved into wooden benches, the order says. Signs on walls, glass doors, beer tanks, light fixtures, chairs, tables and bar stools are also part of of the order.
贬辞蹿产谤盲耻丑补耻蝉 in in January 2023 as it dealt with a trademark and copyright infringement lawsuit filed in March 2022 by 贬辞蹿产谤盲耻丑补耻蝉 of America against the local operators. The German-style beer hall and restaurant is located off Illinois 15 across from the National Shrine of Our Lady of the Snows in Belleville.
The order filed Wednesday resolves all of the claims made in connection with the lawsuit.
The 贬辞蹿产谤盲耻丑补耻蝉 of America complaint had alleged that the Belleville 贬辞蹿产谤盲耻丑补耻蝉 was causing 鈥渋rreparable harm and continuing damage to the reputation and business of both 贬辞蹿产谤盲耻丑补耻蝉 and Hofbr盲u M眉nchen.鈥� In December 2022, 贬辞蹿产谤盲耻丑补耻蝉 of America alleged in court documents that the Belleville restaurant had sold domestic beer and had installed arcade games and pool tables in violation of the franchise agreement.
Robert W. Stephens, an attorney in St. Louis representing 贬辞蹿产谤盲耻丑补耻蝉 of America, said he would check with his client to see if they wanted to comment on the settlement.
While the Belleville location remains closed, there are six remaining 贬辞蹿产谤盲耻丑补耻蝉 sites in the United States, including ones in Las Vegas and Cleveland. The franchisor is part of the Munich, Germany-based 贬辞蹿产谤盲耻丑补耻蝉 brewery, which traces its roots to 1589.
Michael A. Campbell, an attorney in St. Louis representing the court-appointed receiver for the Belleville 贬辞蹿产谤盲耻丑补耻蝉, said a confidentiality agreement prevented him from releasing details of the settlement that were not in the court records filed Wednesday.
Campbell said if the receiver has information to release about the future of the Belleville site, he would publicize that.
The 贬辞蹿产谤盲耻丑补耻蝉 in Belleville opened in 2018, which was about two years later than the original developers said it would open. Hotels, a conference center and other restaurants were also part of the proposal, but they were never built. Another developer said he would build a soccer field complex next to the 贬辞蹿产谤盲耻丑补耻蝉 site but that plan never materialized.
The late Chuck Keller of Effingham and his family developed the 贬辞蹿产谤盲耻丑补耻蝉 in Belleville under a company called Oak Tree Management Services.
They were sued in December 2019 by Royal Banks of Missouri, which alleged in a petition filed in St. Louis County Circuit Court seeking that they failed to pay restaurant sales tax, rent and franchise fees.
A judge initially assigned William Guy Crouch as the receiver who was given 鈥渃omplete and exclusive control鈥� over the business affairs for the 贬辞蹿产谤盲耻丑补耻蝉. Crouch, who had belonging to the Keller family, has since been replaced by Richard L. Striler, who is now represented by Campbell.
The city of Belleville spent $2.42 million to extend sewer lines to the 贬辞蹿产谤盲耻丑补耻蝉 site. It also granted several types of tax incentives worth up to $32.36 million to the 贬辞蹿产谤盲耻丑补耻蝉 developers, but those incentives were based on future revenues generated at the site and were not paid upfront.
贬辞蹿产谤盲耻丑补耻蝉 court order
The court order filed on Wednesday lays out the following requirements:
鈻� The 贬辞蹿产谤盲耻丑补耻蝉 site in Belleville will not operate as a 贬辞蹿产谤盲耻丑补耻蝉-branded restaurant unless a new franchise agreement is reached.
鈻� If the building is sold or leased to another company, this company cannot operate a 贬辞蹿产谤盲耻丑补耻蝉 unless a new franchise agreement is reached.
鈻� Oak Tree and the court-appointed receiver 鈥渨ill not make further use of any Hofbr盲u-related beer recipes or proprietary brewing information.鈥�
The Belleville site has brewing equipment but it had not been in use as of the fall of 2022.
鈻� Oak Tree and the court-appointed receiver will no longer use any 贬辞蹿产谤盲耻丑补耻蝉 websites and their social media site cannot use the 贬辞蹿产谤盲耻丑补耻蝉 name.
On Wednesday afternoon, the Belleville 贬辞蹿产谤盲耻丑补耻蝉 Facebook page was still open but the last post was made on Jan. 29, 2023, when the restaurant said it would be launching a new menu. The page has 21,000 followers.
鈻� 贬辞蹿产谤盲耻丑补耻蝉 of America has three months to reclaim the signs from the Belleville site.
The order does not require any structural changes to the restaurant building.
Mike Koziatek is a reporter with the , a news partner of 漏 2024 外网天堂.
