San Diego's Lucha Libre
In this corner, hailing from San Diego, adorned in hot pink, black, and light blue, we have Lucha Libre Gourmet Taco Shop.
And in this corner, hailing from Phoenix, Arizona, also wearing hot pink, black, and light blue, we present to you...Santos Lucha Libre Taco Shop...
On June 24, owners of the popular Lucha Libre Mexican restaurant, with locations at the foot of Mission Hills and at Petco Park, filed a lawsuit in federal court against a Phoenix restaurant for copyright and trademark infringement. The suit claims the Arizona restaurant ripped off nearly every aspect of the restaurant: the name, the colors, the wrestling motif, all the way down to the distinctive "French Rococo style infused with Mexican wrestling–themed decor and epicurean cuisine, a combination of which is not typically associated with a taco shop."
The lawsuit alleges the doppelgänging diner infringed on their trademark and copyright, leaving diners confused as to whether the restaurants are the same. According to the complaint, the parent company of San Diego's restaurant, 3 Ratones Ciegos, trademarked and obtained a copyright of the name in March of this year.
Santos Lucha Libre in Phoenix
"There have been several instances of actual confusion between Plaintiff’s Restaurant and Defendants’ Santos Lucha Libre Taco Shop. On or about March 2014, diners at Plaintiff’s Restaurant were overheard by an employee of Plaintiff discussing the ‘new’ Lucha Libre Gourmet location in Phoenix, Arizona.
"On a second occasion on or about March 2014, a diner leaving Plaintiff’s restaurant congratulated one of Plaintiff’s employees on the Plaintiff’s ‘new location’ in Arizona. Furthermore, a Facebook user posted a comment on Plaintiff’s Facebook Page stating that a new restaurant had opened in Phoenix by the name Santos Lucha Libre Taco Shop, noting that the color scheme was the same as Plaintiff’s Restaurant and asking if there was any relation."
On April 16, attorneys for the San Diego–based company threatened legal action and demanded that the owners of the Phoenix restaurant stop using the name and trademark.
"Consumer confusion is damaging to our client, because a potential consumer of our client’s restaurant may confuse Santos Lucha Libre Taco Shop with the Lucha Libre marks. If a consumer has a negative experience with your restaurant or if there is negative press regarding your restaurant, consumers might associate your mark with our client’s mark or believe that it is somehow affiliated or sponsored by our client."
In response, an attorney for Santos Lucha Libre said his clients refused to change the name or the decor.
A hearing date has not been set.