PORTLAND, Ore. (KOIN) — Two of Portland’s popular burger joints are now doing battle in court.

Killer Burger is suing Rock and Roll Chili Pit for allegedly stealing the recipes for some of its most iconic menu items – something Killer Burger argues in the lawsuit amounts to “blatant and obvious violations of Killer Burger’s proprietary rights.”

Killer Burger was opened in 2010 and has since become one of the hottest burger restaurants in Oregon. The original owners were TJ Southard, Mark McCrary and Robin McCrary.

In 2016, the McCrarys left the business. From the lawsuit and attached social media screenshots, that departure was evidently less than amicable.

This April, the husband and wife duo launched a new venture: Rock and Roll Chili Pit. RRCP opened its doors only a few blocks from Killer Burger’s downtown location.

Among the many items on the menu at Rock and Roll Chili Pit: A pulled-pork-topped burger called the Epic, and a burger with grilled onions and roasted chilies called the Black Molly. The problem? According to the suit, those burgers already existed – with the same ingredients and even the same name – at Killer Burger.

Though the suit admits those particular items are no longer on the permanent Killer Burger menu, it says they are brought back on rotation, and perhaps more importantly, are well-known trademarks of the restaurant.

The suit claims the burgers “have been featured on Killer Burger’s menu and in its advertising for many years.” It continues: “they have loyal customer followings and are the subject of numerous print journalism pieces and internet postings.”

All this, Killer Burger argues, constitutes “knowing, willful and intentional use of Killer Burger’s trademarks… to promote, market and sell [Rock and Roll Chili Pit] products.”

Furthermore, Killer Burger claims when Mark McCrary left in 2016, he was bound to what is in effect a non-disclosure agreement. That agreement, the lawsuit argues, covers recipes, and by replicating those recipes at another store, McCrary is in breach of contract.

McCrary, for his part, has made no effort to disguise his intentions to compete with Killer Burger, according social media screenshots attached as exhibits to the lawsuit.

One Facebook post on the Rock and Roll Chili Pit page reads: “He designed it for this previous burger place. He brought it with him to his new burger place. It’s not Killer. It’s Rock and Roll. It’s EPIC.”

To Robin McCrary, the controversy falls more under the category of misunderstanding than deliberate provocation.

“I did not think there would be a problem,” she said. “[There was] never an intent to cause any confusion or anything.”

She pointed out the burgers were no longer on KB’s menu when RRCP added them to their own, and that the names and recipes are not legally trademarked.

“We put one of the burgers on our menu when Killer Burger removed it from theirs… not believing there was any breach of contract, and knowing that the burgers are not trademarked.”

McCrary said that to the best of her knowledge, neither she nor her husband signed anything preventing them from reusing recipes they created when at Killer Burger: “We didn’t sign any non-compete or anything like that… neither one of us.”

She also said RRCP didn’t maintain the exact recipes used at KB: “The recipe of the burger we’ve put on the menu has been tweaked.”

As for that Facebook post, she said the page is mostly followed by family and friends, and the intended tone of the video was “more cute” than overtly competitive.

Killer Burger, though, claims bringing the burger to the new place is breaking the law.

“The defendants are stealing from Killer Burger,” the lawsuit says. “They should be stopped and must be made to pay.

Robin McCrary said she and Mark are currently reviewing the lawsuit with legal counsel.Read the full lawsuit here: