STATE COLLEGE — The Skeller drama isn’t over yet even as the new venture opened its doors for business.
Duke Gastiger, the owner of the All-American Rathskeller whose lease ended in February, is suing the current tenants of the bar location at 108 S. Pugh St. — Tom and Kelley Trosko, who just opened Doggie’s Rathskeller and Garden prior to Arts Fest — as well as the Herlochers, who are the owners of the building.
The lawsuit was filed July 13 in Centre County Court of Common Pleas.
Gastiger claims that the use of the Rathskeller name, which he says has earned special distinction in the State College and Penn State communities, and the current iteration’s prominent use of the bar’s history constitute trademark infringement. He also alleges that the Herlochers and Troskos made false statements about efforts to buy the Rathskeller business from Gastiger and his wife, Monica.
The announcement in December that the All-American Rathskeller — a bar signature to State College since the end of Prohibition — would close after the Herlochers turned the lease over to new tenants, sparked community outrage.
The Troskos were revealed as the new tenants on the day of the Skeller’s closing, and they stated that the plan was to maintain the bar’s history. A legal battle ensued after the closing over what was personal property of the Gastigers and what was considered fixtures and required to remain in the building. The Gastigers were ultimately ordered to return the custom-made booths to the location, though the new lawsuit disputes a Facebook post by the new bar operators that the space had been “gutted.”
Doggie’s Rathskeller and Garden opened on July 12, with the fixtures largely intact minus the memorabilia and featuring a few interior tweaks. Gastiger claims in his lawsuit, however, that use of the name “Rathskeller” for the location is trading on the name and history of his own business.
“The Rathskeller brings this Complaint because Cornelius [Herlocher’s company] and the Troskos (who later formed Trosko Inc.) have conspired to steal the Rathskeller bar business, trademark, and goodwill from All-American Rathskeller Inc. and pass off an imposter bar to loyal fans, customers, and supporters throughout Happy Valley and beyond,” the complaint reads.
It further states that the use of the Rathskeller name and plans to keep the bar much the same as it was are “tantamount to deception on the general consuming public and are being carried out intentionally and willfully.”
The complaint says that the business has been sold throughout the years and is not tied to that specific location. It also alleges that the Trosko’s use of “Rathskeller” is harming his ability to do business under the Rathskeller name in the future.
Gastiger also claims that in public statements the Herlochers misrepresented talks between the two parties after Cornelius LLC purchased the Foster Building in 2017. He alleges that the Herlochers never made an effort to negotiate a new lease and an email exhibit shows the Gastigers were informed in October 2017 that they would not be offered a new lease. Gastiger also says that though the Herlochers and Troskos claimed to try to buy the Rathskeller business, a good-faith offer was never made.
The lawsuit claims counts of trademark infringement, unfair competition, false designation of origin, intentional interference with actual and prospective business relationships, commercial disparagement/trade libel and trade dress infringement.
Gastiger is seeking a jury trial, unspecified monetary damages and injunctive relief.
“At this time we are currently working through our attorney with the Gastiger’s attorney, as we would like to reach an amicable solution,” Doggie’s Rathskeller and Garden owner Kelley Trosko said.
