Two new restaurant concepts are headed for the Nittolo’s Seafood & Pizza building in Lake Leelanau this spring, half a year after Nittolo’s closed its doors for the winter, and months after restaurant namesake and head chef Eric Nittolo said the establishment wouldn’t be reopening at all. Now, though, a new version of Nittolo’s Seafood & Pizza is on the way, promising a similar menu and no involvement from Nittolo himself. Behind the scenes, a falling out between former business partners has led to a bitter dispute, with one party filing a federal lawsuit claiming trademark infringement and unfair competition, and another alleging criminal conduct.

Late last month, Roger Colburn, owner of the Nittolo’s building in Lake Leelanau, announced plans to bring food service back to the space, which has been dormant since last fall.

Colburn had put out a press release in early February indicating the building was available for sale or lease, with Nittolo confirming to The Ticker at the time that Nittolo’s would not be reopening in Lake Leelanau. The restaurant has been closed since October in what was initially framed as a seasonal winter break, even though Nittolo’s – which first opened its doors in Lake Leelanau in 2021 – had traditionally been open year-round.

Notably, Nittolo last year expanded the Nittolo’s brand to Traverse City’s Warehouse District, where he and his son Dominic operate a restaurant called Nittolo’s Little Italy. The pair own that restaurant independently of Colburn. Nittolo told The Ticker in February that the Lake Leelanau closure had nothing to do with his new business in Traverse City.

On March 31, Colburn issued another press release, this one touting “two new tenants” at 104 Main Street. The first, Leelanau Steakhouse, Seafood & Pasta, “will specialize in innovative cuisine covering multi-cultural fusion,” according to the release. The second is Nittolo’s Seafood & Pizza, which “will be reopening under new management,” without Eric Nittolo’s involvement. “The menu will remain similar to the old menu with exciting new additions – initially available for carryout and possible food trucks very soon,” the press release added.

Colburn has not yet shared opening dates for the new restaurants, but encouraged locals to “stay tuned” for more news.

The announcement spurred conversation and confusion on social media, with many commenters wondering why the restaurant was keeping the Nittolo’s name if Nittolo himself was no longer onboard.

Nittolo declined to comment for this article, other than to confirm that neither he nor any member of his family was involved with the continuing operations at 104 Main Street.

According to legal documents obtained and reviewed by The Ticker, though, Nittolo filed a lawsuit against Colburn last December in United States District Court, alleging “trademark infringement and unfair competition.” In the suit, Nittolo claims his last name is an “unregistered trademark” owned by him, and that Colburn’s decision to continue using the name unfairly and misleadingly trades upon the name-brand recognition and reputation Nittolo has built as a working chef in northern Michigan.

“Customers or potential customers are likely to believe that Defendants’ use of the NITTOLO’S Marks originate from or are connected in some way with, affiliated with, associated with, approved by, sponsored by, or endorsed by Nittolo because Defendants promote, market, and/or offer services with a confusingly similar name as Plaintiff’s restaurant services,” the lawsuit reasons, adding that Colburn and his businesses have “acted knowingly, willfully, and deliberately and with the intent to deceive and mislead customers and potential customers and have profited from their wrongful conduct.”

The suit also notes that Nittolo filed an application with the United States Patent and Trademark Office (USPTO) last November, seeking an official registered trademark for the Nittolo’s brand name.

Nittolo’s lawsuit “demands a trial by jury on all issues.” He is seeking a judgment declaring that the Nittolo’s trademarks are his alone, that Colburn and his businesses must cease any use of the Nittolo’s name, and that Colburn must “pay to Plaintiff actual damages and any profits” resulting from that use, as well as legal costs.

Asked for comment on the litigation, Colburn returned the following written statement to The Ticker and asked that it be printed in full:

The trademark claim by Eric has already been denied by the governing body. On February 3, 2026, the USPTO issued an office action indicating that registration is refused because the applied-for mark is primarily merely a surname.

I invested $50,000 to start Nittolo’s Seafood & Pizza. Since opening date, my restaurant has owned the doing-business-as DBA "Nittolo’s Seafood & Pizza”. Although it might be confusing to the marketplace, Eric Nittolo was hired as a W2 employee and has always been an employee of Nittolo’s Seafood & Pizza.

Eric Nittolo agreed to buy, and I agreed to sell, Nittolo’s Seafood & Pizza name / assets for the same $50,000.

Late October 2025, Mr. Nittolo unexpectedly decided he did not want to buy the restaurant’s assets, but wanted to keep the assets for free. In the wish to have this go away, Mr. Nittolo has recently offered less than agreed and much less than what I invested. After Mr. Nittolo left as an employee, Mr. Nittolo took SUBSTANTIAL fixed assets & more from Nittolo’s Seafood & Pizza without approval. From the numbers being discovered and other stakeholders coming forward to testify, it may not be possible for agreements going forward. I have filed criminal complaints that are being investigated by the prosecutor in the county.

In short the restaurant is continuing regular operations with different employees and a new award-winning chef. Nothing has changed other than employees.

This is clearly established law. Employees do not have rights to take employers’ assets.

According to court docket records, legal proceedings for Nittolo's lawsuit are still ongoing, with the most recent update dated last Monday, April 13. That order extended the deadline “to file any motions to join parties or amend pleadings” to today, April 20. The full docket can be found here.