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Activist Judges Pave The Way For A Burrito Invasion

November 10, 2006 By Dan Goldgeier

Okay, so the headline’s a bit overstated.
This BusinessWeek article focuses on a lawsuit filed when Panera Bread tried to prevent Qdoba Mexican Grill from opening nearby because Panera contended “a burrito is a sandwich.”

Panera has a clause in its lease that prevents the White City Shopping Center in Shrewsbury from renting to another sandwich shop. Panera tried to invoke that clause to stop the opening of an Qdoba Mexican Grill.
But Superior Court Judge Jeffrey Locke cited Webster’s Dictionary as well as testimony from a chef and a former high-ranking federal agriculture official in ruling that Qdoba’s burritos and other offerings are not sandwiches.
“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,” Locke wrote in a decision released last week.

Glad he cleared that one up. Personally, I prefer Qdoba over Panera.

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About Dan Goldgeier

Dan Goldgeier is a Seattle-based freelance copywriter with experience at advertising agencies across the U.S. He is a graduate of the Creative Circus ad school, and currently teaches at Seattle's School of Visual Concepts. Dan is also a columnist for TalentZoo.com and the author of View From The Cheap Seats and Killer Executions and Scrubbed Decks.

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