SETTLEMENT ANNOUNCED IN THE "TUN TAVERN" LAWSUIT

Historic Reproduction to Proceed

PHILADELPHIA, Feb. 6, 2026 /PRNewswire/ -- The two organizations competing to open a version of the historic Tun Tavern in Philadelphia have announced a settlement in the lawsuit between them.

Built on the Philadelphia waterfront in 1686, The Tun tavern was a hub of colonial activity. The Framers of the Declaration of Independence and the Constitution met frequently at The Tun, and many well-known organizations were founded there. The Tun was the site of the first recruiting station for the U.S. Marine Corps, as well as the first Grand Lodge of Free and Accepted Masons in North America. John Adams wrote the Articles of War that helped form the U.S. Navy on the second floor of The Tun, and in June 1775 George Washington was honored by the Continental Congress in a banquet held there to mark his appointment as commander of the Continental Army. Three charitable aid societies founded at The Tun in the 1700s – the St. Andrew's, St. Patrick and St. George Societies – continue their good works in Philadelphia today. Since The Tun was demolished in the late 18^th century, several attempts have been made to restore this important piece of Philadelphia and American history.

Aljess LLC, owned by former Marine Montgomery Dahm, owns the federal rights to the "Tun Tavern" trademark, and has operated a brewpub in Atlantic City under that name since 1998. In November 2023, The Tun Legacy Foundation, a 501(c)(3) charitable organization, announced plans to build a historically accurate reproduction of The Tun in Old City Philadelphia, just a few hundred yards from the original site, and to distribute the profits from the tavern and an associated restaurant to charities sponsored by veterans groups, Pennsylvania Freemasons, and the three aid societies formed at The Tun. As part of that effort, the Legacy Foundation obtained the federal trademark rights to the mark "The Tun," purchased land on South 2^nd Street in Old City, and began raising funds for construction. The architectural plans for The Tun have been approved, and all necessary building permits have been issued. To date, the Legacy Foundation has raised some $11 million against a construction budget of $21 million.

Aljess filed suit against the Legacy Foundation in federal court in May 2024, claiming that the Foundation's plan to open The Tun infringed upon its rights to the Tun Tavern trademark, and would cause confusion between the two restaurants. In November 2025, Aljess opened a Tun Tavern restaurant on Chestnut Street in Old City.

The parties have now resolved the dispute over their competing plans to operate a version of The Tun tavern in Philadelphia. While the financial terms of that settlement remain confidential, others will be a matter of public record. These include the dismissal of the pending lawsuit and the Legacy Foundation's ability to use the name "Tun Tavern" on and within the premises of its planned historic reproduction. Aljess, in turn, will retain the right to open Tun Tavern restaurants in other locations throughout the United States. 

Mr. Dahm expressed his satisfaction with the settlement, saying, "As a Marine, the history of the Tun Tavern is more than just a business interest—it is a matter of honor, heritage, and patriotism. For nearly 30 years, I have been proud to serve as the steward of this historic legacy. I have always wanted to see a project of this significance move forward in Philadelphia, the birthplace of our nation's independence, and I am confident that The Tun Legacy Foundation will successfully accomplish that goal. I am satisfied that we have reached an amicable resolution that not only respects the birthplace of our Marine Corps and the sacrifices made by the warriors who have served and protected our country, but also the profound history of the Founding Fathers and the many storied organizations born at The Tun. This agreement ensures that Aljess can focus on its future expansion while the story of the Tun Tavern is preserved with the honor it deserves."

Craig Mills, a Marine combat veteran who served as lead attorney for The Tun Legacy Foundation, stated "I am proud that my law firm, Buchanan Ingersoll, supported my colleague Erin Napoleon and me in representing the Legacy Foundation on a pro bono basis throughout this suit. Together with the Foundation's Board and our thousands of donors nationwide, I look forward to finishing the job of raising funds to rebuild The Tun, and to giving this special part of our American history back to Philadelphia, to all of the illustrious organizations founded there, and to everyone who visits our spectacular historic district."

SOURCE The Tun Legacy Foundation