ContractsProf Blog

Editor: Jeremy Telman
Oklahoma City University
School of Law

Friday, November 10, 2006

Chicken redux: when is a burrito (not) a sandwich?

BurritoThe November 10 Boston Globe reports a ruling from Worcester Superior Court Judge Jeffrey A. Locke, "ending, for now, a food fight between Panera Bread Co. and Qdoba Mexican Grill."  Panera filed suit against the owners of the White City Shopping Center in Shrewsbury, Mass., claiming that a lease with Qdoba violated a 2001 agreement with Panera that restricted the mall from renting space to another sandwich shop.  Panera argued for a broad definition of sandwich, saying a flour tortilla qualifies as bread, and a food product with bread and a filling is a sandwich.  (And, they might have added,  "chicken is everything except a goose, a duck, and a turkey.")  The judge disagreed.  "A sandwich is not commonly understood to include burritos, tacos, and quesadillas, which are typically made  with a single tortilla and stuffed with a choice filling of meat, rice, and beans."  A burrito is just a burrito, Qdoba's experts testified.  For the full story, go here.

[Carol Chomsky, with thanks to 2L Nick Rogers at U of MN Law School for sending the story]

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