About eight months after Tony Elmageed opened his Galaxie Diner in Apple Valley, an out-of-this-world copyright infringement problem forced him to change the name of the increasingly popular eatery.
It turns out the name of Elmageed's diner was almost identical to the famous Galaxy Drive In in St. Louis Park.
That seasonal eatery is owned by Steve Schussler, a multi-millionaire restaurant creator who also developed the Rainforest Cafe concept.
"He had the Galaxy name copyrighted," said Elmageed, who received a letter in August asking him to change the name of his establishment. "I asked my attorney and he said there was nothing I could do."
Rather than get into an expensive food fight over the name, the former professional soccer player from Egypt decided to make the best of the situation, and even use it for some promotional fun.
His solution: Have customers vote on the new name of the establishment. He asked them to vote in person and on the diner's Facebook page.
The winner: Valley Diner, submitted by regular customer Alex Guenther, who received a $100 gift certificate to the newly named eatery as a prize. He also will have a menu item named after him on the Valley Diner menu next year.
"I love the name because we are in Apple Valley," said Elmageed, who has owned and operated several diners in the Twin Cities metropolitan area since arriving in Minnesota in 2000.