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Green Burrito Sizzles at Name : Lawsuit: Anaheim parent sues Red Burrito chain of Columbus, Ohio, alleging the company has maliciously usurped its trademarks.

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TIMES STAFF WRITER

In what promises to be a colorful fight, the Green Burrito sued the Red Burrito on Monday for trademark infringement.

GB Foods Inc., the Anaheim parent company of the Green Burrito restaurant chain, alleged in the lawsuit filed in U.S. District Court in Santa Ana that a new Red Burrito chain in Ohio did “intentionally, maliciously and wrongfully usurp, mimic, copy, use, dilute and steal away” its trademarks.

If that sounds bad, consider the Big Ed Burrito.

It’s the Green Burrito’s trademark product, a tortilla filled with two pounds of all kinds of gooey delights. GB Foods alleges in the suit against Red Burrito parent Carled III Inc. and Carlos Garcia of Columbus, Ohio, that they copied the original by offering Big Daddy C burritos at the same $3.95 price.

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Neither Garcia nor a Carled spokesman could be reached Monday for comment.

This year, the first two Red Burrito restaurants opened in Columbus with the same kind of decor and style of self-service as the Green Burrito, the suit alleges, in what would be a violation of its trademark. There are 56 company-owned and franchised Green Burrito restaurants, most of them in Southern California.

GB Foods asks for an injunction preventing the use of the name Red Burrito, which it says could cause customer confusion with the Green Burrito, $25 million in damages and attorney fees.

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