Taco John’s, the regional chain known for its ownership of the trademark “Taco Tuesday,” has announced its decision to end the legal battle over the phrase. The chain stated that it does not wish to incur the hefty legal fees associated with fighting Taco Bell, which filed a petition in May to strike down the trademark. Taco Bell argued that the widely used phrase should be freely available to all.
CEO Jim Creel of Taco John’s expressed pride in their association with “Taco Tuesday” but emphasized that it was not worth spending millions of dollars on legal expenses to defend the trademark. Instead, the company has decided to abandon its claim and focus on other endeavors.
As a result of this decision, Taco John’s has pledged to donate $40,000 to Children of Restaurant Employees (CORE). The organization provides financial assistance to restaurant workers and their families during times of crisis, including health emergencies, injuries, deaths, and natural disasters.
Taco Bell has not yet responded to requests for comment regarding the announcement. However, it is worth noting that Taco John’s has possessed the trademark in all states excluding New Jersey since 1989 and has actively protected it by issuing cease and desist letters to others attempting to use the phrase.
Trademark attorney Josh Gerben believes that Taco John’s choice to abandon the trademark is unsurprising. Gerben explains that the phrase has become so widely used that any attempt to enforce the trademark would likely have failed in court. He adds that pursuing the case could have resulted in significant public relations damage for Taco John’s. By withdrawing at this time, the chain aims to maintain control over the public opinion surrounding the matter.
The news of Taco John’s decision has generated interest and discussion among consumers and industry experts alike. The fate of the “Taco Tuesday” trademark serves as a reminder of the complexities in trademark battles and the challenges companies face in protecting their brands while simultaneously meeting the demands of the market.