The popular Tex-Mex restaurant chain Matador will be required to change some of its decor and menu items in compliance with a settlement drawn up on Oct. 21 between the restaurants' founders and Brian Hutmacher, owner of Pesos Kitchen in Queen Anne.

Daniel Woo, attorney for Peso's, said the Matador location in Ballard will be required to change their wall treatments, remove all votive candles and candle sconces and change the design of their tabletops.

The existing ceiling tiles in Ballard will also have to be replaced and any "Day of the Dead" d/cor is off limits.

All four restaurants will have to change the appearance of their happy hour menus and will need to alter the description and preparation of certain items.

For the next three years the Matador's founders are also prohibited from operating any restaurant within four miles of Peso's Kitchen in Queen Anne.

Woo said Matador's founders will be paying a sum to Hutmacher and Pesos as well. Though the amount has yet to be determined, Woo predicts it will be at least $100,000.

The plaintiff's attorney is pleased with the verdict.

"Brian Hutmacher had invested substantial resources into their trade dress," Woo said.

Hutmacher filed a lawsuit against founders of the Matador in January of 2007. He claimed that Nate Opper, a former bartender at Peso's and founder of the Matador, had infringed on Peso's trade dress by copying identifying characteristics of the restaurant and, as a result, caused customers to assume the two establishments were associated.

In his initial statement Hutmacher claimed that Matador had used the same metal work artists as Peso's and that Opper's initial menu was nearly identical to Peso's.

Rose Egge may be reached at 932.0300 or rosee@robinsonnews.com