In an unexpected twist to the ongoing legal battle between the Michigan-based Big Boy Restaurant Group (BBRG) and Cincinnati’s Frisch’s, a new restaurant has opened under the name Dolly’s Burgers and Shakes. This marks the second Dolly’s location to open in just two days, both at former Frisch’s sites.
While the restaurant offers an oddly familiar “Dolly’s Signature Burger,” complete with tartar sauce, it’s not the Big Boy burger fans might expect. The so-called “working title” of Dolly’s is part of an effort by BBRG to continue its operations in the region despite legal challenges from Frisch’s.
The Legal Battle: Frisch’s vs. Big Boy
The legal dispute between Frisch’s and BBRG is rooted in Frisch’s failure to renegotiate leases with National Retail Properties, leading to the closure of many of its locations. This issue was further complicated when BBRG attempted to open new Big Boy restaurants in what Frisch’s claims is its “exclusive” territory, which includes parts of Indiana, Kentucky, Ohio, and Tennessee.
In response, Frisch’s filed a lawsuit to protect its exclusive right to operate Big Boy restaurants in these areas. A federal judge recently issued a temporary restraining order, prohibiting BBRG from opening Big Boy restaurants in Frisch’s territory. The order also prevents the use of the Big Boy trademark, citing potential confusion and unfair competition. This order will remain in place until March 21, but it makes no mention of Dolly’s.
Despite the legal setbacks, Dolly’s is still forging ahead with its openings, serving many of the same dishes that Big Boy fans know and love, albeit under a new name.
Dolly’s: A Nod to Big Boy with a Fresh Twist
Dolly’s, named after the Big Boy character’s girlfriend, is set to offer the same iconic menu items that have long been associated with Frisch’s Big Boy. While the restaurant has yet to unveil its official signage, uniforms, and branded materials, CEO Tamer Afr emphasized the importance of continuing operations despite the challenges.
“Dolly’s will serve up all of the familiar flavors its parent company is known for,” Afr said, referring to the menu that includes the classic double-stacked cheeseburger with tartar sauce.
Outside the new location in Anderson Township, Ohio, the former Frisch’s signs have been partially covered, casting an outline of the iconic Big Boy mascot, adding to the confusion around the ongoing legal battle.
A Landmark Legal Fight
The court battle between Frisch’s and BBRG is expected to drag on for months, and its outcome remains uncertain. Cincinnati-based attorney Mark Krumbein noted that Frisch’s, as a local landmark, is likely to have a strong case, but he acknowledged the potential for a close call.
“It’s a bit of a David versus Goliath situation, especially in this part of Ohio, where Frisch’s has a deep-rooted presence,” Krumbein explained. The fight over the Big Boy name and territory could have lasting implications for both companies.
As the legal proceedings continue, Dolly’s Burgers and Shakes will keep operating, albeit under temporary conditions, in an effort to continue serving the community while navigating the complexities of the courtroom.
What’s Next for Dolly’s and Frisch’s?
With Dolly’s now open in the former Frisch’s locations, the rivalry between these two restaurant groups is heating up. The future of Dolly’s as a brand and its relationship to Big Boy remains unclear, but one thing is certain: the legal battle between Frisch’s and BBRG will be one to watch in the coming months.
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