TGI Friday’s sues to block Rosemont Tilted Kilt

By Ameet Sachdev
Posted June 23, 2010 at 1:04 p.m.

The casual restaurant chain TGI Friday’s Inc. has sued to stop the owner of a Rosemont development from entering into a lease with another eatery in the plaza.

Fulcrum Asset Advisors LLC’s plan to rent space to the Tilted Kilt Pub & Eatery would violate the terms of TGI Friday’s lease, the restaurant chain said in a suit filed Monday in Cook County. TGI Friday’s opened a restaurant in Rosemont in 2008 in a development known as Northwest Plaza on Higgins Road.TGI Friday’s lease includes a provision that prevents the developer from renting space to another “full-service” restaurant, such as Chili’s, Applebee’s, Ruby Tuesday, Houlihan’s and others.

Such a restrictive covenant is typically included in restaurant leases. In a tight economy, restaurants are more likely to enforce such terms to keep out competition.

A Fulcrum official declined to comment on the suit.

Tilted Kilt is not listed in the lease as an example of a banned restaurant on the premises, but TGI Friday’s said in the suit that it fits its definition of a “full-service” restaurant serving “varied American cuisine.”

Fulcrum contends that Tilted Kit is a bar, not a restaurant, that serves Scottish pub food, according to the suit. Tilted Kilt has been described as a Hooters knock-off because its waitresses have bare midriffs and wear short kilts.

The suit also said Fulcrum no longer has to live by the restrictive covenant because it has subdivided the property and sold the lot containing the TGI Friday’s.

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  1. jason June 23, 2010 at 3:58 pm

    battle of the lame chain establishments! two will enter, one will emerge victorious…and i will frequent neither.

  2. Byron Puck June 23, 2010 at 9:20 pm

    A kilt is not a dress. It is male attire.