East Coast’s Tasty Burger Says Chipotle-Owned ‘Tasty Made’ Copied Them

Chipotle isn’t even supposed to open its new burger restaurant until fall, but it already has beef with another restaurant. A burger chain is claiming that Chipotle copied their logo, mark and name.
The complaint was made by a growing East Coast burger chain named Tasty Burger, which is nicknamed Tasty. Tasty Burger said there has already been confusion from customers.

In a statement from Tasty Burger CEO Dubois, Tasty Burger said it sent Chipotle a cease and desist letter on July 19, and still haven’t heard anything from the company. Instead, Chipotle has continued to market and promote Tasty Made. The company said Chipotle copied not only their name, but their logo and mark.

Tasty Burger said they have several locations near Chipotle locations, and even share the same landlord at one, causing them to find it “reasonable to assume” that Chipotle is knowledgeable of their signage. On top of that Tasty Burger is also the official burger of the Red Sox.

It isn’t clear where this will go from here, but Tasty Burger isn’t going down without a fight.

“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,” the statement reads.

Looking beyond just the confusion of the names, Tasty Burger seems to have a right to complain.  A side by side comparison does make their claim a little meatier.

Tasty side by side comparison[2]

The most obvious similarity is their red logos which are fairly simple, featuring the name in white on a red background of fairly similar shapes. The white and black logos also have overlap. Both are doughnut shaped, with the food product names in the outer circle. On the inner circle Tasty Made has their name rather than a burger center.

Originally, Chipotle trademarked the name Better Burger, in March. It’s unclear why they made the switch from the original name to Tasty Made, but coupled with Tasty Burger’s complaints it does seem a bit suspicious.

Photo: Tasty Burger

Fast Food

This Might Be McDonald’s Brand New Slogan


It seems like the days of McDonald’s popular slogan, “I’m Lovin’ It.” might soon be a thing of a past. The fast food burger company has filed to trademark an updated slogan:

The Simpler the Better.

According to Fortune, McDonald’s has been working on streamlining their burger-making process to get customers their food quicker using simpler ingredients.

Sure, just because they filed for the tagline, it doesn’t mean they’ll actually end up using it. It does, however, kind of fit with McDonald’s CEO Steve Easterbrook’s new direction for the burger chain.

Hopefully, it remains unchanged. We’ve grown attached to Lovin’ It.

We talk about it more on this week’s Katchup.


Apparently Popsicle is a Brand Name, Not What Ice Pops Are Actually Called


It happens often enough in our corporate times, when a brand becomes so ubiquitous that its trademark is adopted as a product’s common name. We blow our noses on Kleenexes instead of facial tissues. We Xerox documents instead of photo-copying them. According to Wikipedia, some of these genericized trademarks have actually been around long enough that most people wouldn’t even recognize them as such (aspirin? elevator?!). Still, we’re not sure any amount of reddit-level self-awareness could have prepared us for this.

Popsicle. Popsicle is a brand name. The actual things are called ice pops.

First designed by accident in 1905, the name Popsicle is a portmanteau of soda pop and icicle — a nod to its origins as a bottle of soda left to freeze on a porch overnight by an 11-year-old Frank Epperson. Somewhere along the line, the pop was replaced with syrups and fruit juices and the treat’s alternate titles (ice pops, paletas, ice lollies), left to melt away into the annals of freezer section time.

Admittedly, maybe it doesn’t matter quite as much as we’re making it seem. The name Cronut is trademarked, which is why we have so many awfully named copycats like doissants or kravenuts, but whatever. They’re all motherfucking Cronuts. And this summer, whenever I’m in need of icy, fruit-flavored, mildly phallic refreshment, I will have myself popsicle dagnabit, regardless of whether it’s actually made by the Popsicle brand.

Eh, on second thought, maybe I’ll grab a Coke.

Picthx DDW


Sorry Barney, Alice Walker – Cadbury Now Has Exclusive Rights to the Color Purple


‘Tis the season for giving, or is that not right?

In any case, Cadbury has just proven itself a real Scrooge by beating Nestlé in the England High Court over exclusive rights to the color purple – specifically, Pantone 2685C.

The ruling allows Cadbury to continue to use the color for all its bars, tablets and drinks and prohibits competitors from using it. The battle has roots as far back as 2004, when Cadbury applied for the trademark of Pantone 2685C, which then prompted Nestlé to argue that they couldn’t “practically” trademark a color.

As related by Design Taxi, however, the judge ruled in favor of Cadbury, reasoning “The evidence clearly supports a finding that purple is distinctive of Cadbury for milk chocolate.” Also that Cadbury has been using the color since 1914 and the British public would be confused if they saw it being used elsewhere.

Right, so it has absolutely nothing to do with the fact that Cadbury is UK-based and Nestle is Swiss and the case was undertaken in the British judicial system? Sureeee.

Still, the ruling demonstrates the growing importance of color (colour) in marketing and branding, as stated by Paul Medlicott, head of FMCG at law firm Addleshaw Goddard in The Guardian: “Trademarks of names and logos are familiar to most businesses, but the high court’s ruling in favour of Cadbury shows the increasing importance of colour trademarks.”

Quite right, too.

H/T + PicThx Design Taxi


AmeriCone Cream and Hairy Garcia are What Happens When a XXX-Company Releases a Line of Ben & Jerry’s Themed Pornos

Well here’s an answer to a question no one was asking, but it’s probably safe to say the makers of Ben & Jerry’s Ice Cream probably aren’t “screamers.”

Yesterday, Vermont’s Finest filed a lawsuit against Rodax Distributors and Caballero Video for producing a series of porn flicks entitled “Ben & Cherry’s,” featuring such pun-porn-tastic (purntastic?) titles inspired by the line’s most popular flavors as Boston Cream Thigh, Peanut Butter D-Cup, Hairy Garcia, and AmeriCone Cream.

According to the suit, the DVD packages clearly parody the iconic Ben & Jerry’s branding, including blue skies, cows and green grass, and pervert them according to fetish: “Peanut Butter D-Cup for large-breasted women; Chocolate Fudge Babes for African-American women; Hairy Garcia for hirsute women; New York Fat And Chunky for large women; [and] Americone Cream for ‘a delicious mix of hot American gay men.'”

Which, clearly, the pristine and prudent B&J’s company shan’t have anything to do with, lest it tarnish their perfectly PC, perfectly family-friendly image–Schweddy Balls and Karamel Sutra notwithstanding.

Chances are, because the parody is so overt (and because Ben & Jerry’s can), Rodax and Caballero are probably going to lose, requiring them not only to turn over all the profits made from the DVDs but also to have the infringing DVDs and related promotional material destroyed. Which, truth be told, might be a little too bad. After all, the box for Chocolate Fudge Babes promises four discs and 20 hours of footage, which is definitely longer than a normal carton of Ben & Jerry’s would last me.

I’m just saying.

Fast Food

Bruxie Waffle House Issues Cease and Desist to Supposed Copycat

Who’s really bolder? Last week the gourmet waffle house, Bruxie, famous by for their waffle sandwiches, issued a “cease and desist” letter to a soon-to-open competitor with the name The Original Bold Fold. The issues stems from the usage of the term “bold fold,” a recurring part of Bruxie’s already established branding and slogan: “The Bold Fold.”

The saying is part of Bruxie’s trademarked name,” Bruxie co-founder and managing partner Dean Simon told the OC Register last Tuesday.

Bruxie, which was founded in Orange, CA, last year, just recently opened another establishment in Brea, CA earlier in the month.

Simon said, “The owner of the Huntington Beach waffle shop, which plans to serve deep fried waffle sandwiches, said he hadn’t heard of Bruxie.”  Though The Original Bold Fold could not be reached for comments, they were notified that Bruxie would stop at nothing to defend their trademark phrase.

via: OC Register