Chipotle Mexican Grill, Inc. has filed another infringement action against a retailer allegedly selling a chicken sandwich combo using the CHIPOTLE® trademark. Chipotle Mexican Grill, Inc. v. Jack in the Box, Inc., No. 1:2012cv02511 (U.S. Dist. Ct., D. Colo., filed September 21, 2012). Information about the trademark infringement lawsuit Chipotle filed in April against Kroger Co. appears in Issue 435 of this Update.

In the new action against Jack in the Box, Chipotle alleges that when asked to cease using the CHIPOTLE® marks to promote its chicken sandwich, the defendant responded that its use of the word did not infringe the marks and that it did not currently plan to use the mark, which was used in connection with a limited time offer, in the future. Still, according to the complaint, the defendant “suggested that it would use the CHIPOTLE Marks in the future.” Claiming that its marks have “acquired substantial goodwill and are an extremely valuable commercial asset,” Chipotle alleges trademark infringement, trademark dilution and false designation of origin in violation of the Lanham Act, as well as violation of Colorado’s consumer protection law.

Chipotle seeks temporary, preliminary and permanent injunctive relief to stop Jack in the Box from using the mark to promote its restaurant services or prepared food items; an accounting; compensatory and treble damages; attorney’s fees; costs; and interest.