In an emailed statement, a Sweetgreen representative said the company was aware of the lawsuit but that it does not comment on ongoing litigation. “We are excited about our new warm bowl featuring a thoughtfully-sourced chipotle powder that provides the perfect slightly spicy, smokey bite,” the statement read.
Chipotle’s complaints centered on Sweetgreen’s use of “Chipotle” in an uppercase font, as well as what it alleges are similarities in the font and signature “Abobe Red” color the company used in various advertisements. In the lawsuit, Chipotle said its attorney had previously contacted Sweetgreen’s attorney and had suggested that the company instead use a lowercase “c” and describe its new product with verbiage such as “ … with chipotle flavoring” or “chicken bowl with chipotle.”
The lawsuit says Sweetgreen intended to “infringe Chipotle’s intellectual property, confuse and/or deceive consumers, and wrongfully profit from and trade off of Chipotle’s valuable goodwill and reputation.” It asks for the court to order Sweetgreen to stop and to award it unspecified damages.
Chipotle pointed to food-industry media accounts noting the similarities between Sweetgreen’s bowl and Chipotle’s products, as well as Sweetgreen’s social media account, which cheekily dealt with people pointing them out. When one commenter responded to an Instagram post promoting the bowl with “Chipotle who?!,” Sweetgreen responded, “you said it, not us” accompanied by a “zipped lips” emoji.
Sweetgreen, which opened its first location in Washington in 2007, has rapidly expanded and now has restaurants in 16 states plus the District. Its founders have said they have ambitions to make it “the Starbucks of salad.”
Chipotle, which was founded in Denver in 1993, has several trademarks associated with its name and various presentations of it.
In an emailed statement, Laurie Schalow, Chipotle’s chief corporate affairs officer, said the company does not typically comment on litigation. “But we will say generally that we’re committed to protecting our valuable trademarks and intellectual property,” the statement reads. “Consistent with that, we will take appropriate actions whenever necessary to protect our rights and our brand.”
