Tasty Burger, which has six locations on the East Coast, claims Chipotle deliberately copied its concept for the launch of a new burger chain, which Chipotle is calling Tasty Made.
Tasty Burger CEO David Dubois said in a statement Monday that the logo and mark for Chipotle's new chain is "unmistakably similar to our own in color, shape and design."
"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 said. "Here at Tasty Burger, we are confused as well."
Tasty Burger
But Chipotle says it has done nothing wrong.
"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," Chipotle spokesman Chris Arnold told Business Insider.
"The United States Patent and Trademark Office refused to register a trademark for Tasty Burger because it is merely descriptive and not enforceable. 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 co-exist."
But Dubois says he's not going to back down.
"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," he said. "Given Chipotle's refusal to cease interfering with our established trademark rights, we have no choice but to aggressively protect our well established mark."