It’s apparently Kills or be killed in the Long Island City bar scene.
A renowned cocktail maestro who opened the bar Dutch Kills in Queens is suing another watering hole less than a mile away for calling itself Dutch Kills Centraal, saying in a Brooklyn federal lawsuit filed Thursday, it rips off his name and business model.
Richard Boccato — who studied under legendary mixologist Sasha Petraske — opened up his throwback, cocktail-focused operation in 2009 and has been hailed as a key player in the emergence of a mixed-drink revolution in New York City.
“Mr. Boccato became a widely recognized and respected bartender in the cocktail industry as early as 2005, and comes from a well established lineage of establishments and mentors,” the suit states.
Tucked away in a section of Long Island City from which it derives its name, Dutch Kills quickly became the favored haunt of cocktail aficionados across the city and drew rave reviews.
Forbes called the bar “iconic” in 2011 and New York magazine notes its “wooden booths” and “robber-baron-era cocktails made with hand-cut ice.”
But Boccato claims that a new operation that opened up just last September usurped his name and the reputation of his business without any of the blood, sweat and tears.
According to his suit, three local entrepreneurs — Dominic Stiller, Jean Cawley and Paul Cohen — began marketing a new Long Island City bar and restaurant as the Windmill Tap & Grill all the way back in 2012. But when the doors opened to the public in September 2013, the tavern had been given a new moniker — Dutch Kills Centraal.
Boccato’s attorney, David DeStefano, sent the rival saloon a cease-and-desist letter that urged it to abandon the name that had already been well-established just a few blocks away, according to the suit.
“You do not have permission to use the mark in connection with your business,” the letter warned. “You are instructed to cease and desist all use of the mark”.
But DeStefano told The Post that the owners refused to take down their signage — and instead applied for a “Dutch Kills Centraal” trademark just three days after getting the letter.
Stiller blasted the suit to The Post, arguing that no single business can trademark the name of a neighborhood.
“Dutch Kills has been here for 400 years,” he said. “We don’t want to be stifled by a self-interested mixologist. If he wins this lawsuit that means there can never be a Dutch Kills bakery, a Dutch Kills restaurant, a Dutch Kills caterer.”
Boccato has since filed for his own trademark but is claiming that he fully established a common law right to the name after establishing his business for five years.
The cocktail czar claims that the similarity in names has led to confusion between the two places — especially because of their close proximity.
“Actual patrons and potential patrons mistakenly believe that the bar is owned or operated by or otherwise affiliated with the plaintiff’s business,” the suit claims.
But Stiller – who heads the Dutch Kills Civic Association – said he never considered Boccato’s bar when naming his establishment.
“This is a neighborhood,” he said. “It’s not a trademark.”
Boccato declined to comment on the scrap.