May 16, 2023 — Economy & Business
Fast-food giant Taco Bell filed legal petitions to “liberate” the trademark “Taco Tuesday” that a small competitor has owned since 1989.
Driving the news:
Taco Bell announced today (a Tuesday) they are asking the Trademark Trial and Appeal Board, part of the U.S. Patent and Trademark Office, to cancel the trademark registration that Wyoming-based Taco John's has owned for the last 34 years.
Taco Bell said the trademark has restricted restaurants nationwide from using the popular phrase and the company “believes ‘Taco Tuesday’ should belong to all who make, sell, eat and celebrate tacos.”
The company says it's not seeking any damages or a new trademark for the phrase.
Context:
Taco John's owns the Taco Tuesday registration in 49 states and a business called Gregory's owns the registration in New Jersey, Taco Bell said.
Taco Bell said it has also filed a petition to cancel Gregory's registration covering New Jersey.
Over the years, Taco John's lawyers have sent cease-and-desist letters to restaurants as well as media outlets for using the term.
A 2017 Vice article with the headline “This Chain Owns the Taco Tuesday Trademark, and It's Not Afraid to Sue You” talked about Taco John's sending cease-and-desist letters even to those using the hashtag #TacoTuesday on Twitter.
What's happening:
After the larger chain's announcement, Taco John CEO Jim Creel thanked Taco Bell for “reminding everyone that Taco Tuesday is best celebrated at Taco John's.”
Taco John's has nearly 400 restaurants in 23 states. Meanwhile, there are 7,200 Taco Bells in the U.S.
“But when a big, bad bully threatens to take away the mark our forefathers originated so many decades ago, well, that just rings hollow to us,” Creel said in a statement. “If ‘living más’ means filling the pockets of Taco Bell's army of lawyers, we're not interested.”
Published by G&A Legal, APC — Solana Beach, California. This post is legal information, not legal advice, and does not create an attorney–client relationship.