Matador sued over restaurant concept

Posted by Geeky Swedes on September 11th, 2008

Four and a half years ago, a former bartender from the Queen Anne restaurant Peso’s opened Matador along Market St. in Ballard.

As Matador expanded, the owner of Peso’s, Brian Hutmacher became increasingly upset. He ultimately sued Matador, accusing them of copying the Peso’s concept and stealing his customers, according to Seattle Weekly:

Next Monday, Hutmacher’s lawsuit against Matador—its investors, designers, and decorators—is scheduled to go to trial. Hutmacher claims Matador, which has since expanded to five locations, so closely imitates Peso’s in appearance and food that customers confuse the two; people who live near a Matador may not see any reason to go to Peso’s, he says in his complaint.

But Matador says that Hutmacher “was watching from the sidelines” as they opened new restaurants, ultimately suing in January of 2007 — not over the food and decorations, but because Matador became so successful.

Tags: Ballard Facebook

A Friend of the Family

I knew both Nate and Brian when all this was going down. Brian gave Nate a bunch of his old Peso's decor after a remodel, and Nate's first menu at the Matador was the same word file as Peso's menu, with the font changed. Everyone who knows the two of them knows that Nate intentionally ripped off Peso's brand because Brian didn't want to franchise. "If you're not going to do it, then I will".

But Brian had his chance to get in on this. He didn't want it because he didn't have the vision to make Peso's a serious business.

What Nate did was definitely unethical. What Brian did was irresponsible and asking for trouble. Sour grapes indeed.

An old employee

I used to work at the Ballard Matador, and YES, managment told me not to mention Peso's because Nate, one of the owners used to work for Peso's. As they told it, they were quite aware that Nate took Peso's ideas, turned around and created his own version.
Customers frequently asked me if "we" were affiliated with Peso's and would even call "us" Peso's.
I think the Matador should be in trouble for another reason, they are sexist and only hire female servers and only male bartenders. They put an add on Craig's list for a server opening. The manager in charge of hiring was
in a bind, because a man with excellent references and experience applied, yet they wouldn't hire him, simply because he was a man. They poor guy wouldn't give up, and persisted to come back again and again. Same thing with women, they may have great references, but if they didn't "look" cute enough, they were not considered. I've also seen them fire people with out cause.
They're just an evil company, run by a couple of pompous young bar tenders-turned-owners, who won't let anything get in their way. Even if it means stealing an idea to get rich.

Diner

My wife and I have eaten at both, many times over the past couple of years. What I find funny is that after the first couple of times of being at Matador, we asked the waitress if it was affiliated with Pesos because it was so similar. I believe she said that the owner used to be the manager at Peso's and then left and started Matador.

We thought that sounded pretty crooked but that didn't stop us from going back :)

Dan

They're both the same restaurant...matador stole it's concept from Pesos. So what, it's called capitalism. In this case, the owners of matador stole(borrowed)the concept and made it bigger. The only problem is that matador has worthless waitress' who know nothing about guest service.

Frenchywino

The Matador RULES and should not be prosecuted for being successful... That's what's so great about this country....May the best business win, and quite frankly....It's The Matador. The owner of Peso' s should sell and think of something successful...not try to make an extra buck when seeing green.....bring it

Rocco

There is more to it than most people know. Peso's was approached about franchising their concept. The (now) owners were turned down and pursued the Matador anyways. The recipes, decor, drinks (even down the to sweet and sour are the same). The owners of the Matador run a very unethical business and deserve whats comming to them. For christ sake, be original.

I am not affliated with Pesos once so ever.

Teasle

Pesos and their 'no PDA' rules and their 'see you next tuesday' waitresses can go f*** themselves. I hope they lose their lawsuit. Matador on the other hand...not much better. Just another average place for the 'bros' and 'hoes' to hook up. I say let them have it...and Linda D's shitty Ballard bar too.

angrignon

The worst part of Matador is walking past it on a busy night. Too many dogs tied up to the metal fence outside. PETA should come and liberate with some scissors.

MikeyG

I am going to Pesos tonight.

I am not going to flush.

Beware.

gooner

pioggia, i agree with you on your 'xeroxing' comment, but i think that goes back to certain unique features. things that define the restaurant. and frankly, i don't think that there is anything that defines peso's. they sell mexican food. have a popular bar that serves a lot of tequila. there is nothing unique about any of that. now, if all the servers were in roller skates and they served all their shots in an ice luge shaped like a giant agave plant.... and matador took those ideas as well, that is different.

anyway, noway this goes anywhere. if TGIF, RedRobin, Billy McHales etc etc etc can all exist... well i don't think peso's has a chance.

Spaghettio

I highly doubt a bartender had to sign a non-compete clause upon hiring. A Quesadilla is a Quesadilla. Taco Bell has Quesadillas as well...

Megan

I've always thought that Matador and Peso's were owned by the same people because they do look exactly alike and the menu is strikingly similar. I think the owner of Peso's probably has a case. However, restaurants and popular bars do seem to have their 15 minutes and then crowds find the next best place... Sucks for him that Peso's isn't as 'cool' as it was 5 years ago.

pioggia

no you cant claim a whole countries cuisine, but there is precedent for suing over restaurant xeroxing when it's about the specific menu & look/feel of a place. And given the amount of work & $$ it takes to develop a restauraunt menu, theme etc, there's a reason restaurants want to prevent someone from swanning in & copying their work.
In this case there could well be non-compete clauses in play also, since the article says the Peso's owner is a former Matador employee...

Cricket

I totally agree with Spaghettio you cant claim a whole countrys cuisine and make it your own. As for the decor the owner of Pesos needs to get out more maybe even visit Spain or Mexico and hopefully not sue them all. Where did he get his ideas from? hello - its envy........

Geoff

Not sure about you guys, but I always get Ballard and Queen Anne confused!

jasmine

I've always assumed that Peso's and the Matador were owned by the same person.

Spaghettio

This lawsuit is along the lines of that lady suing Wendy's for that finger she added to their chili...good times...When I tell my friends to meet me at Matador, they do not then go to Pesos out of confusion....I mean Azteca...I mean Las Margaritas...wait, La Palmera...no Jaliscos...Azuls...this is becoming a class action suit if yah ask me...

gooner

this is the stupidest thing i have ever heard.

1. you can not copyright a style of restaurant. maybe some niche menu item, name or style of service, but that is a stretch at most.

2. who is going to confuse the two names?

sour grapes if you ask me