After a drawn out trial in which Peso's Kitchen and Lounge founder Brian Hutmacher sued the Matador for trade dress infringement, the restaurant chain is pleased with the settlement reached and happy to reassure customers that they won't notice too many changes.

"We felt great at the end of the day," said Zak Melang, one of the Matador's founders. "We were glad that it was over and happy that Peso's feels the same way."

Melang said it seemed silly to spend so much money on a trial that resulted in so few changes.

"It makes me sick to think of that much wasted money," Melang said.

The restaurant's insurance covered all of the Matador's costs.

While a final settlement has yet to be determined, in a proceeding on Oct. 21 the following was agreed to by both parties.

At the Ballard Matador there will be some changes in d/cor. According to court documents, wall treatments must be a significantly different from color from the yellow walls at Peso's and ceiling tiles must not be red. Votive candles must also be removed from the walls and all "Day of the Dead" d/cor must be removed.

The Ballard location's table tops and bar tops will also be remodeled. Melang says that changes at the Ballard location will make it more closely resemble the chain's most recently built location in Redmond.

While the same food will be offered at all Matador locations, some titles will be changed.

The Tomatillo and Habanero Enchiladas for instance, will still be available but under a different name.

"We don't have to change the preparation of anything on our menu," Melang said. "Had they demanded that, we would have gone ahead and let the judge decide."

If any of both parties cannot agree on these changes in the future, Judge Catherine Shaffer will settle the dispute.

The Matador will also be required to pay a settlement amount that has yet to be decided. If one cannot be agreed on both parties than Shaffer will determine a figure between $250,000 and $285,000 that Matador will pay to the plaintiff.

The settlement includes some restrictions regarding where new Matador restaurants could open in Seattle over the next three years, but Melang says that he does not expect to open another location in this city anyway. Instead he is eager to try out a new restaurant concept which would not be affected by the terms of the settlement.

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