Rochester, N.Y. -- Actor Mark Wahlberg and his family want to call their new restaurant "Wahlburger's" - a name already trademarked by the Tom Wahl's restaurants here in Rochester. What could have been a David vs. Goliath fight instead is being called where's the "beef?""They had to get our permission," says Kathy Montesano, who is the assistant manager at the original Tom Wahl's in Avon. She spoke to 13WHAM News exclusively during the busy lunch hour, a good time to gauge the popularity of the restaurant's signature dish, the Wahlburger.
"It comes with ham, beef steak and Swiss cheese," says cook Brandon Swiderski as he quickly flips the sizzling burgers off the steaming grill. "When we're really busy we can make anywhere between 150 and 300 in a shift."
Tom Wahl's has been at burgers longer than McDonald's. Customer Ed Clancy has been ordering up for more than 50 years. "I graduated in high school in 1955 and we came here as part of the celebration," he says. He's been coming ever since.
Tom Wahl's signature dish shares a name with a famous family who's probably never had one. Donnie Wahlberg is the former singer of "New Kids on the Block." His brother Mark, the actor, and another brother Paul, a chef, want to get into the burger business.
"The Wahlbergs’ wanted to open a restaurant called Wahlburger’s and we have a trademark on that name," explains Assistant Manager Montesano.
Tom Wahl's customers have a beef with anyone who might steal away the name- or worse yet- the burger!
"I'd be very disappointed because we get these all the time- once a week," says Jim Polaski.
"I think it would just be unfair," says Marty Wooledge. If someone has to give up the name "they should be the ones to change," she adds.
After talking it over, there won't be a food fight! As part of an agreement, the famous family keeps their name- Wahlburger's- for the restaurant but can't use it for a signature sandwich. They also cannot franchise in Upstate or Central New York.
And Tom Wahl's keeps its burger on the menu- its bragging rights as "voted best burger in New York," and the whole story now becomes "beefy" gossip to chew on.
