Companies Dispute the Use of “Delicious Tamales”

Delicious Inc. has filed a lawsuit alleging Texas restaurant Delicious Tamales and its owners have infringed on Delicious Inc.’s trademark. Delicious Inc. v. Lopez, No. 18-0041 (W.D. Tex., filed January 12, 2018). Delicious Inc. argues that it has owned the federal rights to the “Delicious Tamales” mark since 2012 in the categories of “Tamales, bunuelos, hot sauce and tortillas” as well as “Chile con carne, and Mexican barbecue, namely, prepared meat.” In 2017, the defendants opened a restaurant under the Delicious Tamales name, “brazenly located” a “mere one mile from Plaintiff’s long-established location” in San Antonio. Delicious Inc. alleges it received “numerous complaints from customers regarding the quality of the food sold at Defendant’s location” because they believed “that both locations were owned by the same individuals or company.” Alleging violations of the Lanham Act as well as state trademark infringement, the plaintiffs seek a permanent injunction, damages, costs and attorney’s fees.