Partner Jonathan Hyman and Associate Kate McMorrow authored the article “What to Learn from Chipotle’s Legal Scuffle with Sweetgreen,” published in QSR Magazine.
In the article, Mr. Hyman and Ms. McMorrow examine Chipotle’s recent lawsuit against sweetgreen, a competitor, over sweetgreen’s use of the name “Chipotle Chicken Burrito Bowl” for a menu item. Mr. Hyman and Ms. McMorrow discuss the trademark issues raised in the case that restaurants should be aware of when choosing a house mark and naming menu items.
Mr. Hyman and Ms. McMorrow explain that “There are a number of takeaways for restaurants from this lawsuit and settlement. First, restaurants should try to select arbitrary or fanciful marks if they wish to minimize the chance that their competitors will use similar marks[…]Second, restaurants with suggestive or descriptive marks like Chipotle do need to stop others from using similar marks[…]Finally, restaurants should be mindful of third-party trademark rights in both selecting and marketing menu items, especially if the menu item name will be difficult or costly to change in the event a conflict arises.”
Read the full article here.
