Taco Bell wins 'Taco Tuesday' trademark battle

The “Taco Tuesday” trademark battle is over. Taco John’s, the original holder of the “Taco Tuesday” trademark, has opted to give up its hold on the phrase, a couple of months after Taco Bell filed a legal petition with the U.S. Patent and Trademark Office in May asking for the trademark to be reversed. Now, any business will be able to use the phrase without legal repercussions—except in New Jersey. See America's Hottest Brands 20 brands that are trending in 2023 Click here It marks a legal victory for Taco Bell, which argued that the phrase was too ubiquitous to be trademarked. The chain launched a campaign with help from LeBron James to “liberate” the phrase for all (including Taco Bell.) @tacobell We’re working on it, LeBron. ♬ original sound - tacobell But Taco John’s seems to have also benefited from the publicity—and is now seeking to turn the episode into a charitable push. Taco John’s CEO Jim Creel, who will retire at the end of the year, told the Wall Street Journal that it would have cost an estimated $1 million to defend the trademark. “It’s just not worth the amount of money it would take to defend it,” Creel said. “We’d rather take that money and put it toward a good cause.” Creel said Taco John’s will instead donate $100 for each of its nearly 400 locations to the nonprofit Children of Restaurant Employees, which provides financial support to those who work in the restaurant industry and have children. Creel said he hopes Taco Bell will consider giving a donation to the group as well. Taco Bell has more than 7,200 locations in the U.S. “This is a shared victory with taco allies everywhere," Taco Bell CEO Mark King said in a statement. "Taco John’s decision to join the movement and liberate Taco Tuesday means countless businesses big and small, restaurants, and taco vendors can now embrace, celebrate and champion ‘Taco Tuesdays’ freely. However, celebration is nothing without recognition and reflection. Thank you to the taco fans everywhere who fought by our side, and a thank you to Taco Johns for recognizing what we’ve known all along -- when tacos win, we all win.“ During a Reddit AMA in May, Taco Bell Chief Marketing Officer Taylor Montgomery defended the chain's decision to file a petition from fans who said they didn't like seeing Taco Bell “picking on the little guy.” “We actually aren't suing Taco John's at all,” Montgomery replied, referring to the petition. “We're simply making official (you know, legally) what taco lovers already know: that Taco Tuesday is a common term. Therefore, under the law, Taco Tuesday isn't a trademark at all. Not only is that right legally, Taco Tuesday should be liberated so EVERYONE can freely use the term. Not just for Taco Bell, but Taco John's too, and the truly small businesses that benefit from Taco Tuesday—your favorite local taco shop.” Taco John's owned the right to use the “Taco Tuesday name in commerce in every state except New Jersey, where it is still owned by Gregory's Restaurant & Bar in Somers Point. Taco Bell has filed a separate challenge to that trademark, which is pending. Gregory's Restaurant & Bar co-owner Gregory Gregory does not have plans to give up its trademark, he told Reuters.

Taco Bell wins 'Taco Tuesday' trademark battle

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