BANGOR, Maine — A legal battle is forming over who holds the rights to market what arguably was Bangor’s most beloved sandwich for nearly 80 years.

When the Coffee Pot, a landmark Bangor business on State Street, served its last sandwich on Dec. 31, 2009, it left behind a lunch void that many scrambled to fill — a signature namesake sandwich made with ham or salami, onions, cheese and vegetables.

The business had operated for nearly 80 years. The closure allowed Skip Rist, who worked in the shop for nearly six decades, to finally retire at age 72.

The move spun off at least five surrogate sandwiches, including those made by the Coffee Pot Cafe at 652 Broadway and The Legacy Sandwich Shop at 163 State St.

In a 10-count civil complaint filed last month in U.S. District Court, the owners of Coffee Pot Cafe LLC allege that The Legacy Sandwich LLC infringed on its trademark names for its sandwiches and that it engaged in deceptive trade practices.

The Coffee Pot Cafe is asking the court to award it any profits that Legacy Sandwich derived from several similarly named sandwiches, as well as monetary damages and legal fees.

In its complaint, the Coffee Pot Cafe asserts that it owns several registered trademarks, namely “Deluxe” “Superdeluxe” and “Coffee Pot,” the names it has given to sandwiches it has been selling since it opened in mid-April of 2010.

The owners of both shops employ former Coffee Pot sandwich makers and both have claimed to have Rist’s blessing.

On Tuesday morning, Rist said he does not support the Coffee Pot Cafe. He said he has “nothing against” the Legacy Sandwich Shop.

The complaint alleges that Legacy Sandwich began using nearly identical names — “Legacy Deluxe Sandwich,” “State Street Super Deluxe Ham and Salami Sandwich,” “State Street Super Deluxe Ham Sandwich” and “State Street Super Deluxe Salami Sandwich” — for its own creations when it opened next door to the original Coffee Pot location shortly after the Coffee Pot Cafe made its debut.

The Coffee Pot Cafe also claimed that Legacy Sandwich sold those sandwiches to other sandwich shops on a wholesale basis.

The lawsuit says that the Coffee Pot Cafe put Legacy Sandwich on notice about the alleged trademark infringements in the spring of 2010 and demanded that Legacy cease and desist from the activity.

“Legacy refused to comply and continues to willingly infringe, and has expanded its infringement by abetting third parties to infringe Coffee Pot’s registered trademarks,” the complaint states.

The Coffee Pot Cafe alleges that this has “caused a likelihood of confusion or of misunderstanding” as to the source of Legacy Sandwich sandwiches and that the similarity of its sandwiches’ names to those used by the Coffee Pot Cafe has led some people to believe that there is an affiliation or association.

The Coffee Pot Cafe further alleges that in using the trademark names, Legacy Sandwich “has passed off its goods as those of the Coffee Pot.”

Bangor lawyer Anthony Pellegrini is representing Coffee Pot Cafe LLC, while The Legacy Sandwich LLC is represented by lawyer Sean Sweeney of Portland in the matter.

Both lawyers declined to comment on the case Monday, as did Bruce Guimond, owner of The Legacy Sandwich Shop.

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242 Comments

    1. How can you trademark Deluxe or Super Deluxe??? I have ordered meals with those words in it up and down this coast. 

      This lawsuit is frivolous and actually, quite childish. As a small business owner myself, just trying to make it in this economy, The Coffee Pot Cafe can mark me off its list of customers. I don’t want to support a business that stole an idea to begin with and then claims it as their own. 

      1. Exactly my thoughts. 

        Make a better super deluxe and they will come. 
        Suing to own those words, is wicked bad business. 
        It says to me that that you are looking for shortcuts and more interested 
        in what others are doing than making your product the best that you can.  

      2.  Wow! generic names are now trademarked? i hope the judge awards them the money they deserve – one dollar!

      1. It was up to the creator of the original sandwich to trademark the name. He failed to do that. Thus, morality has little, if anything, to do with this dispute.

        1. He did not have a trade mark and would not have sued.  Skip new he had a good thing . Was a time in the country when a handshake was worth something.  People abuse laws to make money all  the time. When walmart sells 55db rabbit ears for tvs.  well 55db gain is about equil to what SETI can do . The have never made 55db gain rabbit ears . Nothing is done about that fraud . Sell fake maple syrup and say its the real thing and you can go to jail 5 years.  Laws make no moral sense.  How about putting the Walton family in jail 5 years seems fair to me. I forget they make the laws. If one can not be responsible what what they sell why jail the maple syrup people how commit fraud on a much smaller scale?  
             

  1. Judging from the original labels I thought Mr Rist had the names trademarked. And I didn’t think he gave his blessing to anyone carrying on in his place.

  2. Mr. Rist never trademarked anything, from what I recall from two years ago…But “The Coffee Pot” did, I think…

      1. read a post on here from “dpras”. That explains my view on this RIDICULOUS lawsuit perfectly.

      1. US Board of trade ruled that McDs could not claim Mc-  on everything,  when they suied -McDs was told No you can’t call dibs on Mc- anything that broad

    1. I think thier is a difference between the law and what is right and what is wrong. Did they pay skip for the trademark? Legacy is not calling his business the coffee pot going with what skips wishes were. I have been thier several times he they do not call the sandwiches the exact same name . They might understand when I tell them what I want and do they best they can to give it to me. My business Includes my name at last check thier were 5 in the state of Maine alone by the exact same name. We never have any issues . Seperated my enough distance. Maybe 500 businesses with the same name in the country . I wounder if i leagaly change my name to Coffee Pot If I could state a sandwich shop by my name or stop them from using my name lol .

      1.  They didn’t buy the trademark FROM someone….they registered the name with the trademark commission or wherever people obtain trademarks.  Mr. Rist never trademarked the Coffee Pot name so they did.

        1. I am sure they were able to trademark the Coffee Pot name and if that is the case, then yes, they have the right to bar anyone from using the term. However, I seriously doubt they were able to trademark Deluxe and Super Deluxe. 

          Tell your relative to tell his friends that they are only ruining their own reputation with this lawsuit.

        2. Jennifer, if they registered the name with the Patent Office, then how come I couldn’t find it when I just searched for it?

  3. This is a fairly ballsy move considering that the Coffee Pot Cafe took the name of the Coffee Pot without permission from Skip Rist back when he closed the Coffee Pot.  Look back at the old articles when the Coffee Pot Cafe opened: “Skip expressed complete opposition to the new place,” said Healey. “He’s honored by the local shops that didn’t use his name, but were making the sandwiches.”
    The Legacy Sandwich shop is honoring Skip’s wishes  – they did the RIGHT thing and now they’re being sued for it???   Give me a break.  Plus how exactly is calling a sandwich Deluxe or Super Deluxe infringing on a trademark?  Can you trademark the term Large or Medium???

    1. Agreed. Not to mention, if the shops concentrate on making their own versions the best, the marketplace will decide which one should get their business. At this point, Rist is probably wishing he’d never retired to begin with.

      1. actually he supports the legacy sandwiches HE DON’T SUPPORT COFFEE POT CAFE,that should tell everyone who he supports all the way,I hope for Skip, he will help the legacy out with this stupid lawsuit from coffee pot cafe

    2. This is clearly a former associate that opened a new business and figured she would capitlize on Skip’s life work without paying the man for the right to do that very thing.  Skip had no intention of allowing her to sell the exact same sandwiches or using the names.  If you look acrossed the country you will find the use of Deluxe, SuperDeluxe in many areas.  There is NO way that she has this trademarked.  Her business on Broadway has dropped off significantly because quite simply, the sandwiches are NOT even close to on par with the old Coffee Pot and they never will be.  Skip hung on to many of his secrets that she thought she had figured out.  I have eaten sandwiches at both places Legacy is easy to get in and out of and the price was certainly better than Coffee Pot Cafe, while the quality was better as well.  Shame on these folks for trying to get something for NOTHING…i would certainly like to know what Skip thinks of all of this.

    3. She is bitter because her business is not  good…serves her well I would not buy from the Coffee Pot Cafe.  Just because of the underhanded way she opened the place.  The one Ohio St.  is better anyway~

      1. She is not the owner, only a long term former employee of Skip’s. She is an employee only as well as several others at The Coffee Cafe. we have tried them all and the best was The Coffee Cafe on Braodway . The same as Skip made. 

        1. I have tried all of them as well and I think the market on Ohio and Court is the best…and I order with very few onions.  Done to perfection…also Toziers Market in South Brewer is GREAT~

          1. I lived around the corner from Tozier’s Market back in my high school years on Chambers St.  I can remember several times going there to get a sandwich from them because they were very good.  As for The Coffee Pot Cafe and The Legacy… I never ate at either one of them, so I can’t give a solid opinion.  However, I would definately recommend Tozier’s Market in Brewer.  It’s a great little place for all the years I’ve been going there.

          2. I’ve never tried Legacy, but Court Stree Market on Ohio St is definitely better than the coffee pot cafe.

    4. Based on the comments so far, the” Court of Public Opinion” will settle this with their pocketbooks.  I hope everyone drops a few bucks at Legacy for a little help with the legal fees.

    5. After a conversation with Mr. Rist I apologized and I am compelled to write a correction.

      Mr. Rist provided the employees with a severance package commiserate with their years of service.
      In addition to that and other generous acts by Mr Rist he also offered his support for those who wanted to continue making sandwiches with the caveat that they must not use the Coffee Pot name.

      1. Fully agree. I could care less about who makes the sandwich, who makes it better, etc.  In the end he was the one who missed the boat on actually getting a LEGAL trademark.  Putting “TM” on your product’s wrappers do not  make it official.  God forbid your employees continue to make a living off of  something you created that a very small part of the community enjoyed so much.

        1. its how they did it is the problem. They could have been better people and chose a different name. 

          1. Capitalism is no stranger to America. Why do you think we pay so much for Gas, Heat, Groceries, etc…..Oh ya, and Coffeepots!

  4. U know if the Coffee Pot.. whether closed or not did buy trademarks the Legacy does have to stop..and change the names of the sandwiches.. I can understand why the previous owner of the Coffee Shop is upset.. he worked Decades making those sandwiches before the Legacy did.. so in all reality the Legacy should of just did their own names and not copy cat the Coffee Shop’s sandwich names.. either way if the trademarks were bought by Coffee Pot, Legacy has to stop.. if not and Legacy bought Trademarks.. then Coffee Pot cannot do much.. which I don’t feel is right.. all the years the Coffee Pot used those names.. but it is unfortunate it cannot be settled out of court… So much for the Retired Owner of the Coffee Shop Retiring Peacefully…

    1. The previous owner of the original CoffeePot (Skip Rist) gave his blessing to Legacy.  I wish he had trademarked the names though.  

        http://bangor-launch.newspackstaging.com/2010/06/10/business/legacy-sandwich-opens-on-state-street-in-bangor/

      “Guimond hired several former Coffee Pot employees at his business. According to Guimond, Skip Rist, the now retired owner of the Coffee Pot, has come by for lunch several times.
      “He’s been in and bought sandwiches. He’s given us his blessing,” he said. “He’s pleased that we’ve gone about it the right way, and not used his name or menu or anything.””

    2.  So, if the Coffee Pot gets the rights to the words deluxe and super deluxe are you going to stop saying the words?  If they own the words so you use them!!

  5. I put in my time at both of these places after the original Coffee Pot closed down.  Legacy is a better sandwich, in a better location.  The Coffee Pot Cafe is overpriced, too far away and bank rolled by someone that has nothing to do with the original operation.  Since they are lashing out, I assume that they are having money problems.   And, at nearly $7 bucks for a sandwich, they should be.  

    And don’t get me wrong, I’m not a big Rist fan. In fact, I don’t like the way he treated his customers when he sold out. I’m a sandwich purist and I vote Legacy, every time.

    1. Yeah, I have never been to the Coffee Pot Cafe but I agree that they might be having money issues.  The overhead at that nice building on Broadway that they are in has got to be pretty high.

      1. Considering the building is still relatively new… and it’s a former Starbuck’s location… the rent must be pretty high.  I bet the whole building is not yet fully paid for after the few years that it has been in existence.

      2. I drive by there all the time.  All the cars are people in the bank.  I tried one there, unremarkable.  I never did get a “real” coffee pot, but i will try a legacy one, if only to support them in the ridiculous lawsuit.

    2. Their Italian subs are laughable and are beyond sub-par.  What is up with placing the uber-skimpy ingredients ON TOP of the bun anyway?!   They definitely do not warrant the hefty price tag for basically bread.  Went once, will never return.  I have yet to find a decent sub shop in the Bangor area.

        1. Sorry…Broad St Market was a good but small sandwich and on my 2nd visit the guy went from smoking a cigarette outside to the cash register where he cashed out a customer to the deli counter and prepared a sandwich for the guy in front of me without washing his hands or putting on gloves. Grossed me out and I left.

        1. I was wondering if Fairmount Market still made good sandwiches.  Good to know that they still do.  I loved that place as a kid. 

      1. They are not subs, they are sandwiches. Someone must have liked them over the last sixty years.

        1. It became an unusual icon, it was not the taste, there are far better sandwiches available at other shops and always have been.

  6. Whenever I am in Bangor, I stop at the Coffee Pot Cafe.  The ladies couldn’t be nicer and their sandwiches are every bit as good as the originals.  Absolutely awesome!  Yes, they are more expensive but I knew they would be due to the increased overhead.  Mr. Rist enjoyed a long period of very low overhead that, to his credit, he passed along to his customers.   I don’t feel that anyone will ever duplicate the experience and value of the “original” coffee pot and I for one miss the interaction with Mr. Rist.  However, it would have been wrong to never enjoy another coffee pot sandwich ever again.  Duplication or not.

    1. legacy makes very good sandwiches at a lower price. This lawsuit might be legal but is showing very bad sportsmanship.  I do not want to give my business to a place that makes lawsuits and tries to use the law when they know they were morally wrong to use the name in the first place.  Integrity and law are 2 different things in my book.

      1. Trademark law requires that a trademark holder vigorously defend its trademark. Failure to do so will result in the loss of the trademark. This is why it is not OK to create a soda and refer to it as a “coke” or to sell large trash containers and call them “dumpsters.” “Coke” and “Dumpster” are both trademarks, and will continue to belong to their respective owners as long as the owners defend their rights to use the names. This is because the trademarked terms have value and differentiate then from similar products produced by others in the same industry.

          1. Word Mark
             DUMPSTER

            Registration Date
            March 25, 2008

            Owner
            (REGISTRANT) MATTEL, INC. CORPORATION DELAWARE MAIL STOP M1-1518 333
            CONTINENTAL BOULEVARD EL SEGUNDO CALIFORNIA 90245

    2. I have had the coffee pot cafe sandwiches. They are very similar to the origionals. There isn’t enough seating in the place!! I also agree that the lawsuit is wasteful. I don’t think it hurts to have more than one place selling sandwiches, there are several selling pizza and all seem to survive.

      1. Ummm,the original COFFEE POT had no seating(other than a couple stools),and he survived fine on the “takeout” aspect of it…

  7.   As that English guy said all those years ago, “First lets … All the lawyers”.  They are going to be the only “winners” here.

    1.  My fav over the years is  “Blimpie’s”   –
      with all the sandwich shops, maybe Bangor is the Mecca of sub sandwiches demand ! LOL

        1. Big G’s is FANTASTIC…by far the best sandwich value (cost-per-ounce) in the entire state.  And a HUGE selection of sandwiches to chose from.  A HALF sandwich is larger than most large sandwiches anywhere.  Their whoopie pies are to dry, but their sandwiches are fantastic.  Highly recommend them if you’re in the Waterville area!

    2. Nah, why ruin such a good thing?  Passed through Winslow on vacation last Friday, it had been ten years since I had been there and it was incredible!

    3. Now that is a sandwich shop that would do very well, exceptionally tasty sandwiches at a great price.

    4. Too much bread with a Big-G’s for me, but perhaps we should trademark the name and sue ’em?  ;)

  8. Maybe so, but they did follow the letter of the law.  Can’t fault them for that, just because they’ve got a nice investor.  Good for them, they saw an opportunity and took it.  That’s what free enterprise is all about.  And they got to use someone else’s money for the investment.  Even better!

    Like I said, I’ve never been there.  Frankly, I’d give it a shot, but, just never have.  I’d really like to see someone open a Panera Bread franchise in Bangor.  They make some good sandwiches.  
    To many “casual dining” restaurants in Bangor.  Not enough “cheap eats.”  I’d love to see a decent place make decent, inexpensive, tasty, fresh sandwiches.  The closest thing I can find are the Dysart’s travel stops.  Although Gambinos and Tri-City are good, but, they specialize in the big big sandwiches, when what I really would like to have are the smaller, round, “hamburger-bun”-style sandwiches of old.  I just don’t a foot-long…$5 or not.  :-)

    1. Tri-city does make a small, round sandwich, the Fireball.  They are very good.  They make only so many a day.

      1. Good to know!  Those are hard to find these days.  Everyone tries to make Gigantor sandwiches.  :-)  You lose 200+ pounds, you don’t want to go back to Gigantor sandwiches.  :-)

  9. I must say this I will never as long as I live eat a coffee pot sandwich again . I think this law suit is a low blow.  These over priced sandwiches are a not near as good as legacy In my opinion .  This law suit is just so wrong in so many ways.  If they wan to be sue crazy when seem to me they took the name against skips wishes we should all boycott the store.  Give the little guy the chance.

      1. I say we all boycott and go to College Dogs in Orono. And original business to the area like nobody has seen!

      2.  UPDATE – I stopped by Legacy this afternoon and ordered a Super Deluxe, making sure to use the name.  Delicious as always.

  10. The Coffee Pot Cafes sign says “best sandwiches in town” perhaps other shop owners should sue them because they “have the best sandwiches in town”.

  11. If you truly want a great sandwich for a phenominal price you should head on over to Hammond Street to Fairmount Market, where you will find the absolute best Chicken BLT you have ever eaten not to mention a great slice of cheesecake.

    1. they have good sandwiches but it very hard to get in and out of there. and their prices are a little high for my taste. Legacy is the best i think.

    2. I can recommend Bagel Central downtown.  I’ve always enjoyed their sandwiches and homemade potato salad.  Their cheesecake is awesome and I should make it a point to go down there again someday very soon for a meal.  The service is good there too.

  12. Give me a friggin break, your both making money so be happy.  This is stupid not even worth reporting or even worth going to court over just plain stupid and sounds like greed to me!!!

  13. How can anyone own the words “Deluxe”and  “Super Deluxe”? I can probably see “Coffee Pot” , but this seems like they want to try and get Legacy to close. Is it alright that I typed Coffee Pot here or do I need to talk to a lawyer? And who exactly owns the onions? I just wanna know!  :)

    1. I don’t think they _can_ own those words, but if they own something similar (which doesn’t seem to be the case, from a quick search of the Trademark Office’s database), they could get them for “confusingly similar”.

  14. goodbye coffee pot hello legacy.

    small minded lawsuits by small minded people.

    I will never go to the coffee pot cafe again.

  15. Good example of how attorney’s ruin all good things.  Legacy is a clear winner in quality, price and location.  Coffee Pot Cafe is located on a busy road, its hard to get in and out, quality is no where near as good and the price is through the roof.  They lose so they sue.  It’s what people with lots of money do when they are unable to win – they buy an attorney and sue.  Legacy does not have the financial backing that Coffee Pot has and so all it is is a matter of time and the clear winner becomes the clear loser.  All thanks to a legal profession uninterested in right or wrong, just how to get enough in fees to pay the next yacht payment.

  16. I went to the original Coffee Pot for many years.  I couldn’t believe it when that woman stole the name of his business.  She should be ashamed of herself after all he did for his employees (including her) over the many years they all worked for him.  There are lots of things in life that you legally can do, but that you shouldn’t do.  This is one of them.  I made a promise to myself (for Skip’s sake) that I would never go to the “FAKE” Coffee Pot.  I kept my promise and have never spent a dime there.  There are many other places to buy sandwiches like Skip use to make, like a “Coppee Pot” at the Court Street Market (corner of Court and Ohio Streets).  They make great sandwiches there.  I asked Skip about these other places.  He has no problem with them selling sandwiches like his, as long as they don’t use his name.  That’s why I now go to the Court Street Market for my Coppee Pot.     

      1. Are you a lawyer mattOT?  You sure sound like one.  Like I wrote in my first  post, “There are lots of things in life that you legally can do, but that you shouldn’t do.”   Sure, it was not against the law that the woman legally stole his business’s name…but she sure did steal it.  She didn’t make up the name of that business, or develop it’s products.  Skip and his dad did that.  Skip is old school and probably never expected anyone would  be so underhanded as to steal the name of his business.  Skip is a person whose hand shake was his word…his word of honor.  He didn’t need a bunch of lawyers telling him what to do, or what was right from wrong.  We need more business people  like Skip Rist.  The one thing new business people must face is that there is no honor amongst thiefs…make sure you get that trade mark!

  17. Greed, Hate , Envy. What is wrong with people? Legacy will be getting all my business now.

  18. I would rather go to  Legacy Sandwich anyway there sandwich is alot better than the coffee pot cafe thats for sure.I think this lawsuit is so STUPID,they should drop the lawsuit.I think the reason why Coffee pot Cafe  has a lawsuit on the The Legacy Sandwich is because they are not getting that much business,Skip Rist has made commericals with the legacy sandwich shop so he must be fine with it all.THE LEGACY SANDWICH SHOP I hope you win this ridiculous  lawsuit, I am for the legacy sandwich shop all the way,Good luck to you down at the Legacy Sandwich

    1. An early version of this story requires clarification. Although the owners of the Coffee Pot Cafe and The Legacy Sandwich Shop both have claimed to have the blessing of Skip Rist, Rist does not support the Coffee Pot Cafe.

    2. Oh please, Skip is doing those commercials because he can’t get over the fact he failed to trademark his business and others are carrying it on.

    3. In six sentences you said legaacy sandwich six times,……….do you work for them…and if so could you get me a discount  ?

  19. So, will they next file suit against diners/shops across the country with the name “The Coffee Pot” like the one in Littleton, NH?

  20. Not a fan of the lawsuit but a service mark is a service mark … and Coffee Pot Cafe sandwiches are better than the other coppee pots. Drop the lawsuit, make great sandwiches, and people will buy them – especially now that you are open on Saturdays!

  21. Another frivolous lawsuit that you and I can help pay for through the backed up legal system

  22. YAWN.When this place closed the BDN made it sound like the bomb was dropped.Now we;re suing about a sandwich?Zzzzzz.

  23. Free advertising at its best haha. I go where I am closest to when hunger strikes, all copypots are delicious.

  24. Free advertising for both places. I almost feel compelled to try  legacy out just to see if they are as good or better then the CP cafe. Truth is neither place will offer the original atmosphere or experience that was lost when the coffee pot closed… Trademarks only make money for bloodsucking bottom feeding lawyers…

    1. I grew up on the east side of Bangor. My family bought a bazillion sandwiches from Skip. The new guy is just as nice and the food is just as good. The soup is fabulous.

      1. Yes, I have. I enjoyed it until my last three bites were just onion. But regardless of my opinion, it’s still JUST a sandwich whether it’s tasty or not.

        1. ask for light onions next time. i personally don’t like onions so i ask for none. they are GREAT sandwiches in my opinion.

  25. boycott? not everything should be political- just a thought try them both- and based on price & taste = VALUE  and pick 1,   wow what a idea

  26. ok I can see how calling your sandwich a coffee pot might be infringing a bit but how can you copyright “deluxe”?   Why just go for the whole shebang and copyright bread, cheese, pickles and salami while you’re at it.

    1. Or trademark the words “trademark” and “copyright”. That’ll really confuse them!

    1. This is a rich dentist having fun who thinks he can buy language to prevent the common person from using it! Why isn’t Dr. Erickson going after Subway? He is suing Bruce who represent the bulk of his dental practice’s clientel. Be carefull who you give your money to! 
      Go on the Maine Dental Board website. In 2003 Dr. Erickson was convicted of insurance fraud including Maine Care . Now he is yet again trying to steal!

  27. I hope Legacy gets more business from this publicity…enough to cover the cost of the lawyer and then some!

    1.  Xerox Beget Apple which Beget Microsoft.. Neither Jobs Nor Gates invented anything… they both stole their ideas and were great marketers…  I hope they have fun paying their lawyers… because that ios who will win in this case… neither party will win anything.

  28. The owner of the “Coffee Pot” just sealed his own fate. His prices are too high, he has too much overhead, and he picked the wrong former employees-the unfreindly ones. He’s toast! Next time I’m in the Legacy, I’ll make a donation to the legal fund.

  29. A search of the United States Patent and Trademark Office, shows NO MATCHES for a trademark on coffee pot cafe. or coffee pot..  .. searching deluxe, and super deluxe. it is a owned trademark but by no one in maine.

  30. The words “Deluxe” and “Super Deluxe” are owned by a small sandwich shop in Bangor, Maine?
    This is just stupid. Who ever came up with this law suit needs to be put away in a hospital for observation.
    If this were to be adjudicated in favor of the Coffee Shop Cafe, especially in a Federal court, does that mean that they would have a case against any resturant that puts a tomato slice and leaf of lettuce on a hamburger and calls it “Deluxe” is infringing on a trademark?

    1. And if they are in a local hospital’s cafeteria on a mid-week day they can by a “coffee pot” sandwich for lunch…..non-labeled of course…..

  31. The Coffee Pot Cafe could put itself out of business with this boneheaded nonsense.

    1. If it does, indeed, have a legitimate trademark, why would it be so foolish as to surrender that by not defending it in court? A trademark that is not defended will lapse.

      1. Once they run themselves out of business, who is going to care whether they have a trademark or not?

  32. Imitation is the sincerest form of flattery.  But the icon – The Coffee Pot – that tiny State Street store has gone.   

    Some vague similarities, spawned by the Pot’s success,   which capitalize upon its legacy,  have risen out of the dust.  But  signs, labels, and names, said to resemble the original,  fall short of their ultimate goal – the re-incarnation of The Coffee Pot.  

    It was but thirty years shy if a century,  when the Pot’s  tired owner, reluctantly closed its doors and  the  little white building quickly vanished.   Memories bridge the gap.  The perennial lines. The warmth.  A  congenial host,  daily resplendent in a fresh white apron. Candies within finger tip reach for the kids. The happy line chatter. A kitchen crew filling “specials” and rapidly re-stocking shelves with favorites.  Skip’s faster than  an adding machine mind,  tapping the total and extracting the change,  with a  “ding” on the Pot’s ancient cash register. 

    Best of all, that rich,  glorious  aroma,  and the overwhelming pungency  of the Coffee Pot onion.  
      

  33. The only thing this article did was make me hungry lol I was never a big fan of the original, but as many  comments pointed out the lawsuit is on the foolish side. As far as Mr. Rist not trademarking the name, his volumes speak for themselves. Not been to either place, whatever your taste buds like that is what you get. Though I always had them make mine up special, I prefer my ingredients in the roll, not on top. Give me a Hillside Sandwich any day ( a long time ago). Maybe they need to have a Blind free taste test at the Bangor Mall, and promote it may the best Coffee Pot, Grinder, Sub or whatever you  want to call it win.

  34. These jerks opened taking Skip’s name against his will and now they don’t like someone else jumping on their bandwagon. What hypocrites!

  35. Everyone knows Court Street Market is the only one making the sandwich correctly.  He has cornered the bread and onions.  The other Pots can’t compair with out the ingredients.

  36. I would love to have a taste contest.  My money is on Rich Van Syckle’s Coppy Pot.  Court Street Market changed the f’s to p’s with the exact recipe and distributors.

  37. It’s a flippin Sandwich! A Gas station Sandwich at best. I could care less about Skip Rist, he was a millionaire who opened the shop whenever he felt like it and paid his employees just barely minimum wage with no benefits.  What a useless lawsuit.  Support a new ORIGINAL food business (original to the area) in Orono called College Dogs.

      1.  I was always a little intimidated by Skip. But I suppose sniffin’ onion fumes and doling out sandwiches for 60 years will make you a little crusty. He was like the sandwich Nazi. Can I say Nazi on here?

  38. Well Said dpras. They are pissed because they aren’t doing the business that Legacy is. I will tell you Legacy makes a great sandwich vs. Coffee Pot Cafe.  Their sandwiches are filled  with meat not just veggies and bread. Stand your ground Bruce!

  39. I will continue to give my business to Legacy Sandwich, regardless of the legal decision, because the owner makes a great sandwich and gives great customer service. The Coffee Pot Cafe will have to continue to try and take profit from others that it hasn’t earned, because they won’t be getting my business.

  40. I only bought sandwiches from the “cafe” once- it was not the same as the original.  I did not even know about the Legacy, maybe that is where I will head to for lunch.  I think the secret is in the onions, bread and oil.  I’ll let you know what I think when I get back. :)

  41. Court Street Market makes the  best replica of the throwback sandwich, called the coppee pot and priced cheaper than anyone around…………hands down take the challange? try it…….

  42. Court Street Market has the best replica of the throwback sandwich, called the Coppee Pot,and its priced cheaper than any others around,they also have a punch card buy 10 get one free, try them out take the coffee pot challange…..you’ll be pleasantly surprised I was :}

  43. This sounds like trademark bullying to me,very sad it has come down to this,wish you guys all the best  & keep making great sandwiches!

  44. I had a original coffee Pot sandwich when Skip owed it , it was ok, real salty made you thirsty afterwards, bu was a fair deal for the money,   I went in to the New coffee Pot after they opened and was shocked at the high prices for the same sandwich, definitely a rip off, Then I had a legacy Sandwich also higher in price than Skips, and not really worth it either. 
        If these party’s are sueing each  other must be business is not so good, of course the economy does not help either.  How about just lowering the prices and maybe everyone will see enough. 
        I would rather go to Subway at least you can have them put some more veggies on if you want your sandwich bigger. 
         Jimmie V’s put’s everyone to shame. 

  45. This sounds like trademark bullying, so sad it has come to this,best wishes to you guys & keep making your great sandwiches!

  46. I’m opening a bar with an attached medical marijuana clinic.

    I’m calling it The Coffee Brandy Pot.

    So sue me.

  47. “The Coffee Pot Cafe alleges that this has “caused a likelihood of confusion or of misunderstanding” as to the source of Legacy Sandwich sandwiches and that the similarity of its sandwiches’ names to those used by the Coffee Pot Cafe has led some people to believe that there is an affiliation or association.”

    You mean like the confusion Skip had to deal with when many people thought that he had reopened the Coffee Pot on Broadway?

    Granted, he should have trademarked the name, but suing?

    Oh Kharma – how glorious you can sometimes be.

  48. Is it just me or does it sound like the Coffee Pot Cafe is mad at the Legacy Sandwich for doing exactly what they did to the original Coffee Pot.

    Don’t make a chicken, bacon, ranch sandwich or subway will be coming after you……have to be ranch chicken, bacon so its not the same. What a waste of time and money to sue over such things.

  49. I would skip the Coffee Pot and go next door to Moe’s Original B-BQ. I hear it’s opening this weekend….

  50. There is nothing proprietary about a sub sandwich.   As I recall Skip Rist got nothing out of the Coffee Pot Cafe when they started to copy his old sandwiches.    This is super ridiculous.  It is called competition and is the American Way.   Put a little more stuff in your sandwich and you shall be the winner.  In the meantime I feel bad for Skip Rist who did not profit from the sale of his once so successful shop.  Oh well, it was great while it lasted.

  51. I hope Legacy makes a new sandwich called the “Trade Mark”………just a plain bologna sandwich….

  52. Can anyone remember back in the day, when the coffee pot sandwiches were made to order while you
    waited? I worked in Chapin Park one summer and used to get them for lunch quite often.

    1. I never had one when I lived there. I always thought the old Dirty Gerts up in Kenduskeag beat anything anybody else was making.

      (you have to have some years under your belt to know the reference)

  53. I think the Coffee Pot Cafe is jealous because the Legacy makes a better sandwich! this is so ridiculous!!! if anyone wants to get technical, the Coffee Pot Cafe STOLE the Coffee pots name and trademark in the first place!!!! they could have used a different name, but chose to be deceitful. I will continue to go to The Legacy where I know at least 2 of the former workers are actually making the sandwiches and know how to do it!!!! The Coffee Pot Cafe has a bunch of newbies that don’t know how to make a sandwich if their lives depended on it. Why aren’t they suing the Court Street Market for their “Coppee Pots” or Birmingham Store in Old town for their Birmwiches. they are just mad because people have realized that the sandwiches are better and cost less everywhere else. 

  54. but if you walk into the Legacy you will see a picture of Skip Rist with the owners of the Legacy. Now that is integrity at it’s best. I feel you won’ t be disappointed at the Legacy. 

  55. I never had the chance to eat a Coffee Pot sandwich….but now that I read this article, I’m going to make one for lunch. Thanks for the recipe. I’m hope I won’t be joined now as another defendant. 

  56. actually Skip isn’t upset with The Legacy at all, he is not happy with The Coffee Pot Cafe. and in reality The Legacy put their own name in front of the sandwiches such as State Street. 

  57. i don’t like the cheap cooked salami they use though. I used to work for Skip and cut the salami and cheese and onions and it is definitely not the same brand that Skip used.

  58. I have been debating on whether or not to ask this proverbial stupid question, but here it goes:  How does one trademark the word DELUXE – are they suing the local car wash every time I ask for the Deluxe or Superdeluxe wash, standing there with their hand out – I don’t get it – lol.  It’s a freaking sandwich – is business that bad? 
     
     I made brew in the coffee pot this morning – oops, who do I have to pay?  Am I in trouble…coffee pot, coffee pot, coffee pot!!!

  59.  This is laughable to me. It’s the classic story of the winners are the lawyers. Our family competed with
    the Coffee Pot in the 50’s,60’s, and 70’s, yet we didn’t feel we were. Located just down the street near to the hospital, we made a quality product and they came. We had a customer drive from Millinocket every Sunday evening and get a dozen sandwiches.

    You (litigators) all deserve the losses you will incur.

    Howard’s Market Pearl Street.

  60. The old Coffee Pot on State Street should have been called the Onion Pot because thats what it taste like to me.. So Ship what do you care for you made  Hundreds of Thousands of dollars over the years. Maybe millions so enjoy your retirement and don’t waste your money. Know its time to let it go and let the girls make some money or open up another Onion shop on State Steet in Brewer, Me 

  61. The funny thing about the Sandwich wars is.  The one with the name can’t make one!……..

  62. The funny thing about the Sandwich wars is,,,the one with the name sake can not make one!,,,,,too funny,,,,,

  63. I personally have tried all except for the one on state st.  The only reason I have not is Court Street Market has the original.

  64. I may try the Legacy tomorrow just to get it out of my system.  The Copy Pot Cafe has the worst bread I have tasted. 

  65. Coffee Pot Cafe’s actions leave a very bad taste in my mouth. Also, I have tried sandwiches from both shops and Legacy’s is much better.

    1. Didn’t he just open a place right next door a couple months ago?  Between the McDonald’s and The Coffee Pot???  I forget the name of it, but…I think he did???  Not that it’ll last long (he places never do…)

  66. @Christopher Ruhlin: That should be ‘commensurate’, not commiserate. To commiserate is to feel or express sympathy.

  67. The owner of the Coffee Pot Cafe should be ashamed to bring such a suit…Let the courts decide the winner of this case…the court of public opinion seems to have  judged the Legacy the winner..good decision in my opinion…they have the best tasting food not to mention friendly service, great location and an  exceptionally clean restaurant…best of luck to Bruce and his staff…

  68. I have had Coffee Pot Cafe sandwiches.  They’re, well, just ok.  Not like the original from Skip’s though.  I haven’t tried the Legacy.  I’m sticking to the Fairmount Market ones.  They are super good!  I also agree that the Tozier’s Market in Brewer has always made excellent ones, as well. 

  69. The coffee pot stole the name, I believe they both can sell sandwiches under any name they want. Boycott the coffee pot please. Thanks

  70. I say as many people as possible should show their support for the LEGACY sandwich shop by going there and buying subs for the next few weeks.  I personally know the owners, and they are the nicest people you could ever meet. They would bend over backwards to help someone out. They dont deserve this treatment from a competitor.

  71. I think if they continue with this lawsuit they will sink themselves.  If they had a good sandwich they wouldn’t have to sue to make money, your sandwich would do that for you and you wouldn’t even give the legend the time of day.     I found four other coffee pot restaurants they can sue since they are the owners of the trademark  “coffee pot”  GOOD LUCK TO THE LEGEND WERE ROOTING FOR YOU!!!!!!

    watch out they’ll be coming after you next 
    http://minnesotarestaurantsearch.com/alexandria-mn-restaurants/coffee-pot-cafe
    http://coffeepotsedona.com/
    http://morrobaycoffeepot.com/
    http://www.theoldcoffeepot.com/

  72. Meh.  Skip Rist made the Soup Nazi look like a poser.  He’s being far too petulant about his ‘legacy.’  Both shops make decent sandwiches. All parties should let this nonsense go.

  73. So the people that stole the idea from the original are now suing for someone else using a similar idea that they in no way invented?  Gotta love America!

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