Intellectual Property Law

Peso's Sues Matador in Rare Seattle Restaurant Trade Dress Case

By Michael Atkins

The owner of Peso’s Kitchen and Lounge (top) has sued the owner of
The Matador restaurant for trade dress infringement, including the
metal work shown above, allegedly made by the same designer.

Last year, El Diablo, Inc. filed suit for trade dress infringement in King County Superior Court against Mel-Opp & Griff LLC and other defendants alleging confusing similarity between the look-and-feel of the parties’ competing Mexican/Tex-Mex restaurants and bars. El Diablo owns Peso’s Kitchen and Lounge in lower Queen Anne. Mel-Opp & Griff owns The Matador, located in Ballard, West Seattle, Redmond, Tacoma, and Portland, Oregon.

El Diablo claims that its former employees and independent contractors jumped ship and opened The Matador, copying what it considers to be its distinctive trade dress, which it describes in part as follows: “ornamentation, designs, and decorative elements in sconces, lighting, chandeliers, wall surface treatment and colors, ceiling panels and colors, furnishings, Mexican ‘Day of the Dead’ themes and the adoption of a matador graphic design and icon on the menu cover….” 

El Diablo also claims the defendants copied its distinctive recipes and menu.

The defendants deny the allegations.

On March 14, Judge Catherine Shaffer denied defendants’ motion for partial summary judgment to dismiss a claim under Washington’s dilution statute.

Trial is scheduled for July.

The case cite is El Diablo, Inc. v. Mel-Opp & Griff LLC, No. 07-2-1203 SEA (King County Super.).

Full post as published by Seattle Trademark Lawyer on April 11, 2008 (boomark / email).