PHILADELPHIA, PA – A long-running legal battle over the right to resurrect Philadelphia’s legendary Tun Tavern—the birthplace of the U.S. Marine Corps—has ended in a settlement that clears the way for a full-scale historic reconstruction on the city’s waterfront.
The Tun Legacy Foundation and Aljess LLC, owned by former Marine Montgomery Dahm, announced Friday that they have reached an agreement resolving their federal trademark dispute over the use of the “Tun Tavern” name. The settlement brings to a close nearly two years of litigation that had stalled progress on one of Philadelphia’s most ambitious heritage projects.
Originally built in 1686 near the Delaware River, the Tun Tavern served as a gathering place for colonial leaders, including the Framers of the Constitution and members of the Continental Congress. It was also the site of the first Marine Corps recruiting station and the first Masonic Grand Lodge in North America before being demolished in the late 1700s.
Under the terms of the agreement, the Tun Legacy Foundation will be permitted to use the name “Tun Tavern” on and within its planned historic reproduction, which will be constructed on South 2nd Street in Old City—just a few hundred yards from the original site. Aljess will retain rights to open Tun Tavern restaurants in other U.S. locations. Financial terms of the deal were not disclosed.
Historic restoration moves forward
The Tun Legacy Foundation, a nonprofit organization, has already secured architectural approval and building permits for the $21 million project, with $11 million raised to date. Once completed, profits from the rebuilt tavern and accompanying restaurant will be distributed to veteran charities, Pennsylvania Freemasons, and the three historic aid societies originally formed at The Tun in the 1700s.
Montgomery Dahm, whose company has operated a Tun Tavern brewpub in Atlantic City since 1998, praised the outcome. “As a Marine, the history of the Tun Tavern is more than a business—it’s a matter of honor and patriotism,” Dahm said. “This agreement ensures the Tun’s story will be preserved with the respect it deserves.”
Key points from the settlement:
- The lawsuit between Aljess LLC and the Tun Legacy Foundation has been dismissed.
- The Foundation may use the “Tun Tavern” name exclusively within its Philadelphia reconstruction.
- Aljess retains national rights to open Tun Tavern restaurants elsewhere in the U.S.
Craig Mills, a Marine combat veteran and lead attorney for the Foundation, called the agreement “a win for history and for every Marine.” Represented pro bono by Buchanan Ingersoll & Rooney, Mills said fundraising efforts will now resume in full force.
Construction of the new Tun Tavern is expected to begin later this year, marking the first time in more than two centuries that one of America’s most historic taverns will stand again on Philadelphia soil.
