Photo courtesy of Tasty Burger
In the midst of an effort to prove that it can be “the neighborhood spot that D.C. needs”, Tasty Burger is beefing with a fast-casual restaurant giant.
The beleaguered Chipotle is getting into the burger business with a name and logo that’s “remarkably similar,” says Tasty Burger’s CEO David DuBois in a release. Chipotle’s effort is called Tasty Made and is slated to open in Lancaster, Ohio this fall, according to Bloomberg.
In March, Chipotle filed a trademark application for the name “Better Burger,” according to Time, but the company has since changed the name.
In addition to a similar moniker, DuBois also points out that the color, shape, and design of Tasty Made’s logo resembles his as well. “This has caused a great deal of confusion among our customers, and consumers in general, because Tasty Burger has no association or affiliation with Chipotle,” DuBois says.
Tasty Burger, a Boston-based franchise that recently opened its first D.C. location in Shaw, sent a cease and desist letter to notify Chipotle of their trademark rights on July 19. The Mexican-chain has since continued to promote its new restaurant and “proliferate business fillings pertaining to this name,” DuBois says.
In response, Chris Arnold of Chipotle told DCist that no such trademark for Tasty Burger’s name exists. The U.S. Patent and Trademark Office “refused to register a trademark for Tasty Burger because it is merely descriptive and not enforceable,” Arnold says.
But according to the release, Tasty Burger has trademark registrations for the name in the U.S., 26 of the 27 member countries represented by the European Union, and at least 11 other countries (including Canada, Afghanistan, Japan, and Saudi Arabia). And the patent office’s website documents that Tasty Burger registered a word mark in 2010, the year it opened.
Still, Arnold says, “we fully intend to move forward with the name Tasty Made for our burger restaurant and strongly believe that we are on solid footing in doing so.” He adds 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.”
Despite the “obvious David and Goliath scenario,” Dubois says that he will not stand by and watch “an enormously powerful company like Chipotle move forward” with its opening. He says that the company will now “aggressively protect our well established mark.”
