Matador and Pesos Settle

That's the word from King County Superior court. In case you're just now catching up, Pesos owner Brian Hutmacher sued the Matador owners--one of whom is a former Pesos bartender--for copying his restaurant theme and recipes. It's called a trade dress suit and basically says your restaurant is so much like mine, people mix them up or go to yours thinking it's mine so I lose business.

The US Supreme Court allowed such a case several years ago, but the concept is untested in Washington state courts. But with a settlement, we're not going to find out if Hutmacher's case passed muster. (Although there was this hilarious moment when Matador attorney David Lieberworth mixed the two joints up while questioning witnesses.)

With rare exceptions, settlements just show up as dismissed cases in court records. I'm waiting to find out if either party is willing to disclose the terms. We'll update you shortly. If waiting to find out how the case resolved itself has you anxious, might I recommend a margarita? I know a couple good places.

Update:

Lieberworth says the specifics of the settlement are still being negotiated, but at least a little money will change hands (probably far less than the cost of taking this thing to court, as is usually the case) and some changes will be made. “I think this is a good deal for my clients and maybe a good deal for everybody,” he says.