Zesto Sold

By: Mr. Wilson on April 9, 2007
The Zesto on South Street has been sold in order to settle a lawsuit related to the landmark's name. T.J. Group Investments, owners of a Zesto in Wahoo, acquired the seasonal ice cream stand, while former owners Dave and Sandy Wolfe will retain the year-round location on Pine Lake Road. I don't know about you, but I can't stand the Pine Lake Road location. It's like going to a Husker volleyball match at the Devaney Center. Sure, it's the same Husker volleyball team that plays at the Coliseum, but games at Devaney feel unnatural. That's the way it is for me with the two Zesto locations. There's something very unnatural about eating Zesto in a strip mall parking lot. Fortunately for the Wolfes not everybody feels that way. My parents, for example, will probably visit them three times a week this summer.

Comments

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bossyboss
April 9, 2007 at 1:23PM

I like Zesto ice cream.  BAck in the 60’s I used to hit the Zesto in Fremont.  I wonder if they’re still around.
The strip mall part isn’t nice, then standing/sitting in any parking lot eating an ice cream cone isn’t much fun.  Ice cream joints should be in parks where you can enjoy just sitting and get the benefit of enjoying the place.

foxspit
April 9, 2007 at 1:42PM

I feel for the Wolfes having to sell their South Street landmark.  What a tragedy.  At least it will remain a Zesto.  Our family will not frequent the South Street location anymore.  We will, however, go to the Pine Lake Road location.

I have to agree with Mr. Wilson, the Pine Lake Road location definitely lacks something.  The mural and paintings help make the location unique, but it’s a far cry from the drive-up relic they just sold.  Still, I’m willing to give up ambiance to support a local business that got shafted out of a Lincoln landmark.

Maybe this is a lesson that, when in business, have a lawyer read everything.

CP
April 9, 2007 at 5:02PM

I’m fairly new to Lincoln - 2 years - but my trips to Zesto have all been dissapointing.

On the other hand, we get to the C&L’s “Little White House” (as my daughter calls it) at Coddington & Van Dorn as often as we can.

And it is open for the season again! Woo-Hoo!

Cedric
April 9, 2007 at 5:27PM

Im not getting something. How are they being shafted if the other guys bought the trademark in 1985? I know a lot of bands with the same name and as soon as one of them gets famous the other ones would sue them for the name too. What am I missing here? I don’t know a lot about trademark law. I work across the street from the Pine Lake Zesto and they are always nice and don’t mind when I hit them with 5 orders for my dept. They got to keep the name, they violated the owners trademark, if I read correctly. They came out pretty good, overall.

Mr. Wilson
April 9, 2007 at 5:50PM

Cedric, I think the primary cause for all the confusion is that there used to be a single chain of Zestos across the country. The chain folded relatively early, but many of the individual locations stayed open. That left confusion over who owned the rights to the name, and in what jurisdiction they owned it. On top of all that, add lots of years and lots of changes in ownership of each of the locations, and you end up with the confusion you see today.

Legally speaking, it looks like T.J. Group is clearly in the right. The Wolfes goofed by not making sure their butts were covered. But they still get to keep one location, Lincoln still has two locations, and T.J. Group gets to move into our market. Relatively speaking, it seems like this all ended pretty well for everybody.

Cedric
April 9, 2007 at 8:16PM

Thanks, Mr. Wilson. That clears it up nicely.

foxspit
April 9, 2007 at 8:39PM

Relatively speaking, it seems like this all ended pretty well for everybody.

I think that’s true.  The Wolfes said they got fair market value for the South Street location, so it sounds like they were treated fairly.  They also, however, agreed to say nothing derogatory, so I’m not sure if that shaded their side of the story or not.

I agree, this ended as well as it could have for both sides.  It’s just too bad that the Wolfes had to sell a business they wanted to keep.  And it’s too bad they didn’t realize the vulnerability of their agreement.

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