Trademark Bloodbath on 10th St: Chico’s (from El Paso) vs. Chuco’s!

In my other life as head of a market research firm, I do a fair amount of work as an expert witness in trademark infringement cases. Sometimes you run across some lawsuits that are petty, vindictive, and totally lacking in any kind of understanding of trademark law. We have our own example here in Austin with the situation of the former Chuco’s on 10th St. (where Basil’s and Café Caprice used to be) which has been forced to change its name to 10th St. Tacos!

Here’s the deal. A smallish restaurant chain in El Paso with a fiercely loyal fan base named Chico’s hired a swank Dallas law firm to sue Chuco’s claiming they infringed on their brand and their trademarked beef taquito. In truth, Chico’s cannot legally enjoin Chuco’s from making a beef taquito and calling it beef taquito. But you know how it is when you first get that law suit: kind of a sinking helpless feeling arises along with pictures of large amounts of money headed out the door in the hands of some attorney.

So Chuco’s decided it wasn’t worth the fight and changed its name to 10th St. Tacos. The new sign’s going up today. But this is so silly it’s laughable. What in the name of the Big Serrano in the sky could some little taco joint in El Paso care about a company 600 miles away choosing a somewhat similar name?

I went there today and I think I see the answer to what really made Chico’s so litigious. The place on 10th st. makes really excellent taquitos and tacos. Everything is made from scratch and the flavors are terrific. I tried the Veggie Taquitos with Tomatillo sauce and they were, crispy and wonderful: and totally inexpensive as well. Owner David makes the six different salsas himself and they are very tasty. I liked what he calls “the red sauce” (although it’s not red) the best.

Now it’s unlikely that I’ll ever go to Chico’s in El Paso. But with the quality of 10th St. Tacos in Austin, why would I need to? To paraphrase a certain English bard: “What’s is a name? A taquito by any other name would taste as good.” The website for 10th St. Tacos for now is www.chucostacos.com.

It will soon be changing to some variation of 10th St. Tacos.