A competitor’s sandwich by any other name still tastes foul to a Quiznos’ franchise in the Hunt Valley Towne Centre.

The restaurant’s management company says its lease gives it the exclusive right to sell sandwiches among surrounding buildings at the open-air mall on Shawan Road in Baltimore County.

Right next door, though, is Carmine’s New York Pizzeria — an Italian restaurant that once sold “subs” but now, according to its awning, offers “panini.”

So, earlier this year, the Quiznos operator took Carmine’s to court, seeking to shut down its sandwich operations immediately and get $500,000 in damages.

The lawsuit was scheduled for a settlement conference Monday, two-and-a-half weeks before trial in Baltimore County Circuit Court. But the meeting was postponed as the sides neared a confidential settlement, lawyers for all parties said.

“I expect it will be resolved,” said Ira L. Oring, an attorney with Fedder and Garten P.A. in Baltimore. Oring represents Hunt Valley Towne Centre LLC, which, like Carmine’s, is a defendant in the lawsuit filed in March by the Quiznos owner.

The restaurant’s lawyer, John R. Solter Jr. of Azrael, Gann & Franz LLP in Towson, declined to comment.

Off the awnings

According to the lawsuit, Quiznos operator Hunt Valley Q LLC (HVQ) of Phoenix, Md., signed a lease and addendum in 2004 with the mall’s owner, Greenberg Gibbons Commercial Corp. of Owings Mills.

Only a nearby Panera Bread Co. was exempted from the sandwich restrictions, the lawsuit said.

Quiznos opened Feb. 21, 2005. Carmine’s opened two months later with 16 types of sandwiches and subs on its menu, according to the complaint.

Quiznos sent letters in April and October 2005 to Carmine’s parent company, Carmine’s of Hunt Valley Inc. in Arnold, the complaint said, but the mall still “allowed Carmine’s to continue to advertise and sell delicatessen and submarine sandwiches in violation of the exclusive provision of the Quizno’s addendum.”

At that point, Greenberg Gibbons ordered Carmine’s to take down the words “subs” and “submarines” from its menus and awning in October 2005, according to the lawsuit. But it denied that Carmine’s was violating Quiznos’ addendum.

“[I]t is customary for Italian restaurants, as an incidental portion of their sales, to sell Italian submarine sandwiches,” wrote Donna M. Sills, Greenberg Gibbons’ senior vice president and general counsel, in a letter to HVQ in court documents.

Carmine’s changed its awning and menu in December 2005 to include the word “panini,” according to the lawsuit, but argued the restaurant was still selling “sandwiches” no matter what term it used.

Sills countered that the two restaurants were “complimentary” and suggested that Quiznos terminate its lease, according to the lawsuit.

HVQ refused, saying it had a non-cancelable lease with the Quiznos franchisor and that it already had put $200,000 into the business.

Sills also cited an October 2005 letter from HVQ, which indicated Quiznos’ sales had fallen approximately 30 percent due to the recently opened Wegmans supermarket.

James S. Pezzulla, Carmine’s lawyer, said he was not sure what effect Wegmans had on Carmine’s business but said the restaurants offer different food, menus and dining environments.

“Carmine’s will take the position that there’s room for both, and, quite frankly, room for all three,” said Pezzulla, of Pezzulla & Pezzulla LLC in Towson.

Other action

In other Towne Centre news, a Baltimore County judge awarded the mall operator $700,000 earlier this month in its suit against a Cockeysville man who was the personal guarantor on an unpaid lease.

Judge Patrick Cavanaugh granted Towne Centre’s motion for summary judgment against Brian McComas, who had guaranteed an October 2005 lease for his limited liability company, HVP LLC.

Nine months ago, McComas’ company was ordered to pay Towne Centre $3.7 million in accelerated rent after missing several months of rent payments.

Baltimore-based HVP had planned to use its space for Avery’s Full Cry Restaurant, according to the lawsuit. Its 15-year lease was picked up by Sakura, a Japanese steak and seafood house that opened earlier this year, Oring said.