When David DuBois saw the logo design for Chipotle Mexican Grill’s new restaurant concept, the chief executive of Tasty Burger probably felt as though he’d lose his lunch.
The beleaguered burrito behemoth is planning to launch its first burger restaurant, Tasty Made, this fall. But when it recently unveiled its branding and logo, DuBois noticed it bears an “unmistakable” resemblance to the Tasty Burger signage. Both have white lettering on a red background and use the word “tasty” prominently in their designs.
DuBois issued a cease-and-desist letter to the Colorado-based company late last month and said he received no response. He went public with his complaint on Monday, notifying Chipotle of Tasty Burger’s trademark rights, which have been filed in the United States and at least 37 other countries.
“We are a growing company with modest beginnings, yet we have big dreams to share our burgers with millions more as we open future Tasty Burger locations,” DuBois said in a statement. He was not made available for comment. “Despite the obvious David and Goliath scenario, we cannot simply stand by and watch an enormously powerful company like Chipotle move forward with opening a burger restaurant with a similar name, mark, and logo design.”
Tasty Burger opened its first restaurant in 2010 and now operates five locations in the Boston area and one in Washington, D.C.
DuBois argues that the Chipotle legal team should have “inevitably known” of the Tasty Burger brand as the two chains share a landlord in their Fenway locations.
Chipotle, however, said it has no intention of changing its plans. “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,” said Chipotle spokesman Chris Arnold. “Beyond that, we believe there is sufficient difference between the names and logo marks so as not to cause consumer confusion, and we believe both brands can coexist.”
Tasty Burger has not provided any information about whether it has yet filed any legal claims, but said the Prince Lobel law firm is representing the company.
Stacey Dogan, a professor of intellectual property at Boston University School of Law, believes that Tasty Burger may have some basis for its claim, based on the similarity of the logo designs.
“I think there’s some argument here that these two are likely to be confused,” she said. The word “tasty” isn’t something a particular company can own the rights to, but because it has been strongly associated with the Tasty Burger brand for six years and is recognizable to consumers, some might make the mistake that the two companies are somehow connected.
But many restaurants use red in their logos, as the color has long been associated with stimulating excitement and hunger in customers. The question becomes whether Tasty Burger can thwart Chipotle’s attempt to use the new branding by issuing a complaint with the Patent and Trademark office, Dogan said, or whether the publicly traded company will simply wait for the smaller chain to sue for trademark infringement.
The Chipotle brand has been struggling over the past several months, after a widespread outbreak of food-borne illnesses at its stores. The company has attempted to rebound, creating a loyalty program that its executives say has modestly bolstered second-quarter sales.
Janelle Nanos can be reached at janelle.nanos@globe.com. Follow her on Twitter @janellenanos.