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Chipotle seeks Burrito Guy change
October 3, 2007 - 1:19pm — Terry Davis
Bradley Olson and Terry Mills see themselves as two regular guys trying to eke out a living working 75 hours per week each in their fledging Hutchinson restaurant, Burrito Guy. Officials of Chipotle Mexican Grill Inc., a Denver-based company with sales of almost $823 million last year, see Olson and Mills as trespassers on Chipotle’s trade marks. Burrito Guy, which opened in May at the intersection of California Street and State Highway 7, serves large burritos made right in front of the customer. Chipotle, which has grown to 640 restaurants since its founding in 1993, serves large burritos made right in front of the customer. In a cease and desist order sent by Chipotle’s Denver legal firm and received Monday by Burrito Guy’s Mills and Olson, the bigger company claims the Hutchinson eatery encroaches too directly on the theme and décor used at Chipotle restaurants. The letter points to the use of corrugated metal siding for wainscoting, paint colors, chair and lighting systems, having the kitchen open to the public and other design features as being too much like Chipotle’s, and will confuse consumers. It doesn’t make an issue of the similar food. Mills and Olson see themselves as David threatened by a Goliath of the food industry and deny they intentionally set out to model Burrito Guy after Chipotle. Though they’ve eaten at Chipotle, they say Burrito Guy evolved after years of shaping their vision for a restaurant. They plan to stay open. Olson said Chipotle officials have visited Burrito guy and were allowed to take pictures. The cease and desist letter that arrived afterwards, however, was the first official word they had received from the Denver company, Mills added. The entrepreneurs have asked their St. Paul-based attorney, Eric Johnson, to reply for them. He said even if someone has a strong case, it can be expensive to do battle with a large company. He plans to “nicely” ask Chipotle to drop their action against Burrito Guy. A spokesman for Chipotle agreed the issue really is about the restaurant’s design and décor, what is known in the industry as trade dress. “We really work to protect our trade marks and service marks to prevent them from being unfairly copied by other restaurants,” Chris Arnold said Wednesday. “We don’t have any problem with competition. What we have a problem with is when others steal components of our concept.” Read more about the issue in the Oct. 4 print edition of the Hutchinson Leader. (Terry Davis is a staff writer for the Hutchinson Leader. He can be reached at davis@hutchinsonleader.com.)
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Why should the "little guy"...
Back to page topWhy should the "little guy" be allowed to infringe on the rights of the "big guy" just because he's the big guy?
The first time my family walked into Burrito Guy all we saw was Chipotle. It is a total rip off, and we told them so.
The burritos are great! At the prices, the "little guy" won't be little long. He'll soon be able to open the second and third restaurants in the area, and who knows where that will end? 641 restaurants?
There's no problem with Burrito Guy's product, so why not just change the disputed similarities and really make it your own concept?
No one who has been to Chipotle believes that Burrito Guy just happened to have a nearly identical AHA. The guess on the street is that Burrito Guy didn't want to ante up with the franchise fees.
Identity theft isn't just on an individual level. Stealing is still stealing, big or small.
For Chipotle to find out about the little Burrito Guy corner store means that someone was incensed enough about the rip-off to report it to them. Honest citizens are put off by the feigned pleas of ignorance and aren't willing to wink at dishonesty.
So, Brad and Terry, after all the free publicity of drawing the "big guys" and their big guns to you, just do the right thing. Make Hutchinson proud of you.
I agree. I am not surprised...
Back to page topI agree. I am not surprised Chipolte is persuing this. When I first moved here, I was told about this great new restaurant that was "just like Chipolte" I figured it would be similar but was amazed at how identical it looked and felt to Chipolte. I have been to Burrito Guy exactly once and I don't expect to go again. The food was very good but to expensive for what I consider fast food.
Since the first time I...
Back to page topSince the first time I walked into Burrito Guy, I wondered how long it would take Chipotle to intervene. It is unfortunate that they needed to so blatantly imitate the franchise.
I agree that Burrito Guy needs to stand up and do the right thing. However, I disagree that their pricing will benefit the company finanically. I haven't been in there since they raised prices. Their meals are priced $1.50-$2.00 higher than Chipotle. At that rate, I'm happy to wait till we go out of town, and stop at the real Chipotle.
I personally think there...
Back to page topI personally think there look is a little similar, but there is a completly different vibe at Burrito Guy. The place is so much more alive they have great music. Their food quality is real good especially the servings of the meat. I mean I was just in there Monday and I bought the 5.49 burrito and for me it was still alot of food.It filled me up and plus I dont get a upset stomach after eating there. I hope Burrito Guy can make it in this town. I enjoy taking my kids there. SO KEEP IT BURRITO GUY dont let no one take you down or tell you how to run your store.
Hey, i have been to Burrito...
Back to page topHey, i have been to Burrito Guy multiple times and i wont stop going. I used to be a huge chipotle fan, but after having burrito guy, this is some ACTUAL food. They could serve it out of a cardboard box for all i care and the food is just so good - EVERY TIME I GO THERE because they simply CARE. And as for the price, WHO CARES its home made food and is always good and doesn't leave me feeling sick and i will gladly, ANY DAY PAY 2 dollars more for a better,larger burrito. And about "ripping off chipotle" or "imitating them"? Hey, go tell subway they sell subs like quizno's, go tell firestone they sell tires like Michelin, go tell Taco Johns they sell tacos like Taco Bell.
Deforest, And I suppose it's...
Back to page topDeforest,
And I suppose it's ok to "share" music files also???? The simple fact is; it is STEALING. If your name was Mike and you started a hamburger restuarant and displayed a sign with a golden arched "M" on it, you would face the same infringement questions.
As the original story...
Back to page topAs the original story stated, and from reading the Chipotle letter, the Denver company claim's the Burrito Guy's store decor mirrors many aspects of their physical plant so that it might create confusion for consumers. In talking with a company representative, they don't have a problem with BG's making and selling burritos.
It is my understanding that businesses protect their look, colors, and other physical aspects (known as trade dress) that have become identified with their brand as much as they do their logo or name. So while Subway and Quiznos may appear to be making essentially the same thing, there are subtle differences in the product and even more noticeable differences in their physical plant. You aren't likely to confuse one for the other. They look different.
(Terry Davis is a staff writer for the Hutchinson Leader. He can be reached at davis@hutchinsonleader.com.)
As the owner of a restaurant...
Back to page topAs the owner of a restaurant franchise I understand exactly what Chipotle is saying. The have developed a business system and it is very obvious to anyone who has visited a Chipotle and Burrito Guy that they share many similarities. Many companies have trade dress which is basically like a trademark on a logo that protects the business system from infringment by another party or business. This can include decor, facility, and even uniforms. As far as them not wanting to pay franchise fees (a rumor that I also heard) I don't believe that Chipotle even offers franchises for sale. If they did I would be tempted to invest in one.
I have never been to either...
Back to page topI have never been to either Burrito Guy or Chipotle, but I find it fascinating that Chipotle even knew Burrito Guy was here in lil'ole Hutchinson. If there had been a Chilpotle here first I would understand their interest, but a single locally owned restaurant threatening a big chain (I understand Chilpotle is owned by McDonalds)is curious to me.
Who cares. The guy's have...
Back to page topWho cares. The guy's have great food, worth the price. Chipotle will be just fine. Have you been in an Applebee's lately? A Friday's lately? A Chili's lately? They all look the same, and their food is basically the same. Smothered chicken of some sort, french fries, identical drink menu's, etc..., and they are not suing each other. keep up the god work guys, you must be doing something right. Bob H.
I don't think this is about...
Back to page topI don't think this is about threatening a big chain. I believe this is about the potential for people to think that Chipolte and Burrito Guy are affiliated which they are not. As a customer of both places it is very apparent to me what Burrito Guy was modeled after. If I wouldn't have seen the sign on the building that said Burrito Guy I would have thought I was eating at a Chipolte Mexican Grill. There is nothing wrong with being a small business but you cannot take someone else's idea once it is trademarked.
As just an example of how...
Back to page topAs just an example of how closely tied a business can be to its trade dress (building design, shape, colors, etc.) as I've driven around the upper Midwest I've often seen family restaurants that obviously were former Country Kitchens that had closed or been converted. The buildings' shape and exterior are dead giveaways.
The same can sometimes be true of the many former Hardees. While some, such as the former Hardees that were converted to Burger King restaurants in Litchfield and Glencoe now look like BKs, other former Hardees still look like a Hardees even though they may be a real estate office, such as in Waconia, or some other business.
The trade dress tells people what business they are in. It is especially important in the highly competitive food service industry from research I've done.
Wolfman is right in that the idea is not to confuse the customers. You want them to return to your business, not to a competitor who looks exactly like your restaurant mistakenly thinking it is your place.
(Terry Davis is a staff writer for the Hutchinson Leader. He can be reached at davis@hutchinsonleader.com.)
I think that both resturants...
Back to page topI think that both resturants are very similiar, but one thing's not and that's the price. I'm not willing to pay the 7.50 for just a burrito. If they had a value meal, for example(burrito, chips, and a pop) for 7.50, I would be willing to pay for that. I think that Burrito Guy would get more customers that way.
I do think that they should change maybe their colors, so that they don't match Chipotle, because they do look the same.
Only ate at Chipotle a few...
Back to page topOnly ate at Chipotle a few times? It looks like they did their research in only a few visits? Yah right. One of the Burrito Guy owners must have worked at one before. I believe that the reason Chipotle found the Buritto Guy in the small town of Hutchinson was, 98% of customers walking through the door in the first few weeks agreed on one thing, "it's just like Chipotle". The owner say they did not copy the Chipotle Concept, but during the building (remodeling) every contractor, vendors, citizens were all told and were telling everyong that a new food place is opening up and it is going to be just like Chipotle. Well the owner must have made that a point during construction. The Burrito Guy does look like a Chipotle plain and simple. Yes Subway sells subs like Quiznos but there is a huge difference, Subway is cheap and has a simple look, Quiznos on the other hand is more money and has more upscale look. Totally different in taste and quality. Taco Bell and Taco Johns, same thing the Bell is cheaper and while the Johns is a little higher in price, but also has a completly different tast and almost all items between the two places are made with a few different ingredients to make the difference, you don't have Ole's in your burittos at the Bell or have a Taco Bravo on the menu over at the Bell. TGI Fridays, Applebees, and Chilis, all different looks but are all in the same type of dining (casual dining) They all have there unique recipes and signature foods/drinks that make these place different. Different tastes, different names, do I need to go on? You notice a difference between these places, but with the Burrito Guy staging his place to look like Chipotle must have been an accident, how about the menu they got online? Yes, you may be able to buy it online for $25.00, but that does not mean you can use their menu. I've seen TGI Fridays, Applebees, Chilis, and other big names on EBAY, having recipes for sale. Does that mean you can use the big guys recipe? NO. The menu at Burrito Guy is the same as Chipotle, minus alcoholic beverage. The names of each buritto, the names and what is in each buritto is the same. If the Burrito Guys would have come up with there own look before opening, they would not have this problem. But with the same look and same food, that just triggered a Chipotle lawyer to step in. If the place would have had a different LOOK, Chipotle probably would have never known about this.
Burrito Guy - Rest In...
Back to page topBurrito Guy - Rest In Peace.
I was in there on Wednesday, and both owners said that today was their last day in business. Burrito Guy is closed. They both stated it had nothing to do with the Chipotle dispute. This town simply doesn't buy enough burritos.
A big bummer! Hutchinson used to be a town "without a Chipotle". We had upgraded to a town with at least a "Faux Chipotle". Now we're back to a place with a bunch of mediocre fast food and an Applebees.
A Saddened Transplant
NOOOOOO!!!!! That is...
Back to page topNOOOOOO!!!!! That is terrible news. No more BG lunch breaks.
The reason Chipotle knew...
Back to page topThe reason Chipotle knew about Burrito Guy is because Chipotle was going to be BG, but the City denied. I have been to BG and their guacamole taste just like Chipotle's! Like it has been said, Chipotle isn't upset about the food but about the appearance. It makes me upset that this is such a controversial topic in Hutchinson when we have other things to worry about.
Why would the city deny...
Back to page topWhy would the city deny Chipotle to open here or any other business within zoning requirements? I do know that you do not see Chipoltle Mexican Grill's in towns with populations similar to Hutchinson.
The reason you don't see...
Back to page topThe reason you don't see Chipotle in Hutch (or towns this size) and the reason Burrito Guy didn't make it here is because the menu is too specialized. How many people in Hutch will eat enough burrito's in a week to sustain them? You need more variety in a small town so you appeal to enough people to stay in business.
Not to mention the peculiar...
Back to page topNot to mention the peculiar hours they kept. It is never good for business when people have to wonder if you're open or not.
I am not of their religion...
Back to page topI am not of their religion and don't understand the hours that they can work, but when you own your own business, business is business. You cannot keep you doors open 40% of the time and expect to make a profit. Saturday and Sunday CLOSED? This was a few months ago, but come on. Do you really expect to make a living from 11-7 Mon-Friday?
Now that this building is set up for food, I hope the next owner sets the business up for poeples needs (i.e. Open when people normally eat). I live 3 blocks from the BG and I have only eaten there once.
Their strange hours were the...
Back to page topTheir strange hours were the main reason we never tried them. They were closed when we wanted to go out to eat. I heard from others the food was excellent. It's a shame they couldn't make it, and I believe their limited hours of operation were a big factor in the failure of the business.
I heard thier food was...
Back to page topI heard thier food was great. But every time I went there to try it they were closed. After the third time, I gave up and decided it wasn't worth the time and gas money to drive accross town to be disappointed.
Please realize that "THEY"...
Back to page topPlease realize that "THEY" (ie: the owners of BG) did not share the same religion, at all. Due to this, I would assume they did not share the same views on business hours. Without getting into a debate-I would argue that some religios affiliations are more 'old-school' with values and beliefs than others which could make it difficult to accomodate current day wants and needs of the general public in a business scenario.