ALBANY — A North Carolina corporation that purchased Mazzone Hospitality from longtime Capital Region restaurant and catering businessman Angelo Mazzone is suing his son and daughter-in-law in U.S. District Court for operating a competing wedding business using the family name in an alleged violation of a separation agreement.
The Charlotte-based Compass Group USA, which acquired Mazzone Hospitality in May 2017, is suing Matthew Mazzone, his wife, Suzy Mazzone, and their Latham-based business, Mazzone Wedding Group, alleging false designation of origin, unfair competition, state trademark infringement, state trademark dilution and false and deceptive claims.
Mazzone Hospitality, based in Clifton Park, the largest catering group in the region, is the creation of Angelo Mazzone, who began working in his grandfather’s pizzeria at age 11 and at 27 operated a Schenectady pizzeria. After earning degrees in hotel and restaurant management, he managed the dining hall manager at Union College, opened the former Peggy’s Restaurant in downtown Schenectady and in 1988 purchased the 17th century Glen Sanders Mansion on the Mohawk River in Scotia. Mazzone later launched 677 Prime in Albany, Prime at Saratoga National and several other high-profile ventures around the area.
Mazzone Hospitality is part of Restaurant Associates, a subsidiary of Compass Group USA that provides food service to Google, Sony, the Metropolitan Museum of Art and the U.S. Open tennis tournament. The elder Mazzone continues to run the local arm of the operation.
The lawsuit, dated July 14, noted that Angelo Mazzone is “still closely involved in the business.” Matthew Mazzone left Mazzone Hospitality in April 2020, signing an agreement that prohibited him from later competing with Mazzone Hospitality or soliciting its customers, according to the lawsuit.
One week later, the lawsuit alleged, Matthew Mazzone registered the domain name, MazzoneWeddings.com. In 2021, it said, Matthew Mazzone and his wife launched the wedding company. Matthew Mazzone is the president, Suzy Mazzone vice president, of his company.
Reached Tuesday, Angelo Mazzone declined to comment. Matthew Mazzone could not be reached for immediate comment.
Compass Group USA contends Matthew Mazzone and his wife “chose a trade name and service marks confusingly similar” to those of Mazzone Hospitality “in an attempt to trade off of, and free ride upon, the goodwill in the Mazzone brand, and to create an association with (Mazzone Hospitality).”
“A vendor emailed both Mazzone Hospitality and defendants, apparently believing the two companies were related,” the lawsuit said. “Similarly, a photographer tagged both Mazzone Hospitality and defendants in a post about a wedding catered by plaintiffs.”
In promoting their business, the lawsuit alleged, Matthew and Suzy Mazzone have touted Matthew Mazzone’s experience as a former chief operating financial officer and chief operating officer of Mazzone Hospitality and referenced the website saying he joined “the family business at a young age.”
Lawyers for Mazzone Hospitality sent Matthew Mazzone three letters from March and May asking him to abide by his post-employment agreement, refrain from soliciting former customers, informed him the name was too similar to Mazzone Hospitality and asked him to change the name, threatening legal action if he did not, the lawsuit said.
The lawsuit, filed by Albany attorney David M. Cost, said when the sale took place, Angelo Mazzone transferred intellectual property to Compass USA that included “any inventions, trade secrets, know-how, recipes, proprietary processes and formulae, and similar information” related to “trade names, trademarks, service marks, any applications and registrations therefor, all registered and unregistered copyrights, Internet web sites, social media
presences and Internet domain names owned and used by sellers as of the closing date.”
The suit, which asks for thousands of dollars in attorney fees and damages, asks that a judge order an accounting of all profits made as a result of the alleged wrongdoing, prohibit the business from continuing to use the allegedly infringed names.
A telephone conference is scheduled for Oct. 2o at 10 a.m. before U.S. Magistrate Judge Miroslav Lovric.
