The Taco Tuesday Trademark: A Legal Battle for Ownership
In the realm of intellectual property, trademarks hold significant value for businesses. They act as source identifiers, distinguishing one company's goods or services from others. Sometimes, even a simple phrase like “Taco Tuesday” can spark a heated legal battle.
The Rise of Taco Tuesday
Taco Tuesday is a beloved cultural phenomenon where restaurants and food establishments offer discounted tacos on Tuesdays, attracting customers with their delicious Mexican cuisine. The term itself gained immense popularity over the years, becoming synonymous with festive dining experiences and appealing to food enthusiasts across the globe. You may even celebrate Taco Tuesday at your home when you’re trying to figure out what to make for dinner.
The Initial Trademark Application
In 1989, “Taco John’s” filed a trademark application for the term “Taco Tuesday.” Their aim was to protect the use of the phrase for their restaurant promotions and prevent competitors from capitalizing on its success. Taco John’s had been using the term since the 1970s and believed it had acquired secondary meaning, indicating a connection with their brand.
Legal Challenges and Controversies
As the popularity of Taco Tuesday spread, so did the disputes over its trademark. The term became widely used by various businesses, both within and outside the food industry, to promote their own Tuesday specials. This led to actual and potential conflicts between those wanting to use the phrase and Taco John's, who sought to enforce their exclusive rights.
On May 16, 2023, Taco Bell filed a petition with the United States Patent and Trademark Office (USPTO) seeking to cancel the Taco John’s registered trademark, arguing that Taco Tuesday is now a commonly used phrase and “should be freely available to all who make, sell, eat and celebrate tacos.” In short, Taco Bell argues that due to widespread use, the mark has become generic and no longer identifies Taco John’s as a source of goods or services.
Taco John’s has until June 25 to file a response to the petition. It may take up to two years before the Trademark Trial and Appeal Board of the USPTO issues a decision. In the meantime, this is a dispute that will be fought in the public square, with Lebron James most recently joining in support of Taco Bell.
This case brings to light just some of the issues that surface in the world of Intellectual Property. Woods Fuller has a team of attorneys who are experts in trademark, copyright, and similar legal issues.