Dolly’s vs. Frisch’s: How do the Big Boys measure up?

The Big Boy Restaurant Group is picking up old Frisch’s locations, a lawsuit filed by the new Frisch’s owners says, after Frisch’s was evicted from a number of its former locations by the property owner.

“Rather than renegotiate the lease terms, the landlord initiated eviction proceedings and forced Frisch’s to begin closing those restaurants in October 2024,” says attorney Michael A. Galasso, who is representing the new Frisch’s owners, in the lawsuit.

Credit: Natalie Jones

Credit: Natalie Jones

Frisch’s doesn’t want the Big Boy Restaurant Group to use the Big Boy name, citing trademark agreements from 2001 and 2007 that allowed the two Big Boys to use that name in their respective territories.

For Frisch’s, that included the Dayton and Cincinnati regions.

“Unfortunately, BBRG (Big Boy Restaurant Group) has opportunistically and unlawfully seized on Frisch’s hard times as a pretext to ignore New Frisch’s federally protected trademark rights to exclusively operate restaurants within Frisch’s territory under the Big Boy name,” the lawsuit says.

“BBRG seeks to reopen the restaurants recently closed by Frisch’s, in what is now New Frisch’s exclusive territory, under BBRG’s confusingly similar Big Boy name.”

A judge in the U.S. District Court for Southern Ohio recently granted the Frisch’s owners’ request for a temporary restraining order, barring the Michigan-based Big Boy Restaurant Group from using the Big Boy name, leading them to the name Dolly’s Burgers & Shakes.

So who is Dolly?

Dolly is Big Boy’s girlfriend.

“The character Dolly has existed in the Big Boy universe for decades,” the lawsuit says.

Big Boy Restaurant Group has a separate trademark registration for “The Dolly Chicken Sandwich,” which was registered in 2021.

Neither Frisch’s nor the new Frisch’s owners have used the Dolly trademark, the lawsuit says.

The new Frisch’s owners refrained from seeking injunctive relief when they believed the Big Boy Restaurant Group was going to stick with the Dolly name, but changed their minds when a private investigator they hired found the Big Boy Restaurant Group was hiring people under the Big Boy brand, the lawsuit says.

The Big Boy Restaurant Group has job listings on its website for locations in the Dayton region, including Dayton, Miamisburg and Troy.

Dolly’s are opening up

The trademark dispute isn’t stopping new restaurants from the Big Boy Restaurant Group from setting up shop in the former Frisch’s locations.

Dolly’s locations have started opening up in the Cincinnati region. The first location is at 9070 Plainfield Road in Blue Ash, and a second location is at 7706 Beechmont Ave. in Anderson Twp. Both locations were formerly Frisch’s Big Boy restaurants that closed.

Dolly’s signage, uniforms and other branded restaurant materials are still in production, according to Tamer Afr, CEO of the Big Boy Restaurant Group, but there is still a push to keep new workers on the clock.

“These may not be ideal conditions for debuting a restaurant in a new market, but we’re making the best of the situation,” Afr said. “Our more than 60 newly hired employees are chomping at the bit to get to work and serve up quality food for a fan base that’s been craving a return to form for years.”

While similarities will keep the spirit of the Big Boy brand alive, Dolly’s will have some differences in its menus distinct from Frisch’s, our news partner WCPO says.

Differences between the chains include the secret sauce they put on Big Boy double deckers.

The Michigan chain’s “famous” sauce has mayonnaise and pickles like Frisch’s, but adds horseradish, ketchup and Tobasco sauce for an extra kick. The Michiganders also offer a Slim Jim sauce with mayo and Miracle Whip that it serves on a grilled ham and swiss sandwich.

The Dolly Chicken Sandwich ― the namesake of the new restaurant ― is made with fried chicken, pickles and tartar sauce on a brioche bun.

Frisch’s locations that left the area

In the month of December, at least seven Frisch’s restaurants closed in the Dayton region. Most recent closures included Butler Twp., Fairborn, Sugarcreek Twp. and Tipp City.

Restaurant locations no longer listed on the company’s website include: