What's Up! Free Entertainment Weekly for El Paso, Juarez, Las Cruces
Volume 11, No. 43 July 28-3, 2010


Chico's vs. Chuco's
El Paso landmark files lawsuit
By Ryan Poulos
The old saying goes that imitation is the sincerest form of flattery, but for Austin-based restaurant Chuco’s Tacos, imitation is one great way to find yourself in a lawsuit.

Owners of Chico’s Tacos, the iconic El Paso restaurant chain, filed a federal lawsuit last week claiming that Chuco’s Tacos has infringed upon its trademark and is cashing in on the Chico’s image – especially through its signature dish: rolled tacos in a special red sauce, topped with shredded cheese, green salsa and served in a paper boat tray.

In an attempt to avoid a court battle, Chuco’s has agreed to change its name – and no, they probably won’t change it to Checo’s or Chaco’s.

The Mora family, who owns Chico’s, declined to comment on the lawsuit and Chuco’s co-owner David Sahagun did not return calls from What’s Up by press time.

The Austin American-Statesman has reported, however, that Sahagun, who was born in Mexico and grew up in El Paso, says he tells customers five to 10 times a day: “We do not want to be Chico’s; nor do we ever want to be Chico’s.”

Since Chuco’s opened last fall, it has become popular among many El Paso expatriates.

Other than the signature rolled tacos, Sahagun and other visitors to Chuco’s say the restaurant is very different than Chico’s. The rolled tacos are only one item on a large, otherwise original Chuco’s menu.

And while Chico’s offers only the red, tomato-based sauce with their rolled tacos, Chuco’s offers red and green tomato-based sauces as well as a vegetarian option.

As for the price comparison, a single order of three tacos at Chico’s will set you back $1.68 after taxes, while the same order at Chuco’s costs $2.60. But one El Pasoan-turned-Austinite who has eaten at both pointed out that Chuco’s offers special deals throughout the week.

“It’s the only place to my knowledge that you can get 50-cent tacos on Thursdays,” he said.

The grapevine
The news of the lawsuit spread quickly among El Pasoans in Austin last week.

Richie Montoya is originally from El Paso, but moved to Austin several years ago and he’s eaten many times at both restaurants.

“Chuco’s is very different than Chico’s in many ways,” he said. “The setup and the menu is completely different.”

He said that he prefers the quality of Chuco’s Tacos over Chico’s.

“I always tell people who ask that the Chuco’s Taco’s are similar but they use a much higher-quality meat,” he said.

Frank Maulit is also an El Paso native who moved to Austin and frequents Chuco’s.

“Chico’s can go ahead and argue their case about some sort of name infringement, but I don’t think they’ll get very far in arguing that their tacos were copied,” he said. “They’re not even the same thing – the cheese at Chuco’s is grainier, they add more meat, and that wanna-be green salsa they put on top isn’t even close to the chile that Chico’s has.”

He also pointed out that Chuco’s isn’t stealing any sort of business from Chico’s, as they are about 600 miles apart. (Rumors have constantly floated around about a real-life Chico’s opening in Austin, but nothing has come to fruition.)

He said he thinks it’s ridiculous that the matter could even end up in court.

“If Chico’s wants to sue, then the German guy who came up with the hamburger and the Italian guy who came up with the pizza should also sue,” he said.

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