The AP reported on a case in Massachusetts in which the Panera Bread Company attempted to enforce a provision in its shopping mall lease that bans rival sandwich shops to stop a mexcican fast food chain from moving into the same mall. Here is the short AP write up on the case:
Massachusetts court decides a burrito is not a sandwich
(Worcester, Massachusetts-AP) November 10, 2006 – This is not generally the stuff of legal scholars. But a Massachusetts judge is using wisdom worthy of Solomon to settle a major dispute.
The question at hand: Is a burrito a sandwich? The judge’s ruling: No.
Panera, a popular chain of bakery-cafes, brought the case over one of its locations in a suburban Boston mall. Panera tried to stop Mexican restaurant chain Qdoba Mexican Grill from moving into the mall, arguing its lease bans rival sandwich shops.
Lawyers for Panera went into court insisting a flour tortilla is bread, so a burrito is a sandwich. Qdoba brought in a respected chef who calls that “absurd.”
Citing the testimony – plus Webster’s Dictionary – the judge is ruling in Qdoba’s favor.
