Restaurant chain Tasty Burger has reportedly threatened to file an
infringement action against Chipotle Mexican Grill Inc. following the
announcement of Chipotle’s new burger restaurant concept, Tasty Made.
Tasty Burger argues that Tasty Made’s name and logo infringe upon
Tasty Burger’s established marks, which have been used in commerce
since 2010; in addition to the similar name, both logos feature white
writing on a red background, albeit in different typefaces.

Tasty Burger sent a cease-and-desist letter to Chipotle on July 19, 2016,
but CEO David DuBois told the Chicago Tribune that the company
ignored it. DuBois also told the paper he contacted the media about
the dispute because he is “sick of getting calls from people asking me
if we got absorbed.” In response, Chipotle told the Tribune that “there
is sufficient difference between the names and logo marks so as not to
cause consumer confusion, and we believe both brands can co-exist.” See
Chicago Tribune, August 11, 2016.


Issue 614

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.