CHIPOTLE GRILL v Jack in the Box re CHIPOTLE Sandwich

Chipotles are smoked jalapenos. CHIPOTLE GRILL is a chain (that I think is quite good). Jack in the Box sells a Chipotle Sandwich (which has a CHIPOTLOAD of flavor).

chipotle v chipotle complaint

3 responses to “CHIPOTLE GRILL v Jack in the Box re CHIPOTLE Sandwich”

  1. Can one company monopolize the use of the generic name of an ingredient by making it their trademark?

  2. Martin Schwimmer says:

    No. Ordinarily, people using CHIPOTLE to accurately describe chipotle are making descriptive fair use. Plaintiff will have to argue that defendant has exceeded its fair use right and is causing confusion.

  3. Erik Pelton says:

    Remarkably (my opinion), Chipotle succeeded earlier this year in getting Kroger supermarket to stop using the word to market a chicken product