Cheyenne, Wyo. – The long-standing feud between Taco Bell and Taco John’s regarding the trademark for “Taco Tuesday” has finally reached a resolution. In a recent filing with the U.S. Patent and Trademark Office, Taco John’s, based in Cheyenne, Wyoming, officially relinquished its claim to the phrase in 49 states, effectively ending the highly publicized dispute.
However, the battle is not over on the Jersey Shore. Gregory’s Restaurant & Bar in Somers Point remains determined to challenge Taco Bell’s exclusive rights to hold “Taco Tuesday” promotions in New Jersey.
Stephen Altamuro, attorney for Gregory’s Restaurant & Bar, stated defiantly, “We’re hanging in there. We’re sticking by our guns.”
While “Taco Tuesday” has become a widespread phrase commonly used by restaurants and other establishments, Taco John’s has vigorously defended its more than 40-year-old trademark in all states except New Jersey. Over the years, the fast-food chain has issued numerous cease-and-desist orders to any business daring to host a “Taco Tuesday” promotion, with the exception of Gregory’s Restaurant & Bar.
In a notable incident, Taco John’s even sent a warning letter to a small local brewery located merely five blocks away from its corporate headquarters. The letter demanded the brewery stop using “Taco Tuesday” to promote a taco truck parked outside their establishment on Tuesdays.
In a similar vein, NBA star LeBron James attempted, albeit unsuccessfully, to secure his own trademark for “Taco Tuesday” in 2019.
The culmination of these disputes led Taco Bell to file a request this past May with U.S. trademark regulators, urging Taco John’s and Gregory’s Restaurant & Bar to abandon their trademarks. Taco Bell argued that the phrase had become so widely used that it should not be owned by any single entity.
In response, Taco John’s clarified that it had no intention of preventing anyone from selling tacos on Tuesdays, while Taco Bell’s attorneys likened depriving people of the free use of “Taco Tuesday” to depriving them “of sunshine itself,” in their filing with the U.S. Patent and Trademark Office.
The two-page filing submitted by Taco John’s this week did not provide a reason for the abandonment of the trademark. However, CEO Jim Creel stated in a press release that the resources required to continue defending the trademark would be better allocated elsewhere.
Taco John’s Abandons “Taco Tuesday” Trademark Battle
A Wise Decision for Taco John’s
Taco John’s, the renowned restaurant famous for its “Taco Tuesday” promotion, has chosen to halt its ongoing battle to defend the trademark. The company, based in Cheyenne, Wyoming, has stated that spending exorbitant amounts of money on legal fees to protect their mark no longer feels like the right course of action.
“We’ve always prided ourselves on being the home of Taco Tuesday, but paying millions of dollars to lawyers to defend our mark just doesn’t feel like the right thing to do,” stated a representative from Taco John’s. “As we’ve said before, we’re lovers, not fighters.”
A Continuing Fight in New Jersey
Although Taco John’s has decided to surrender the trademark, Taco Bell still faces opposition from Gregory’s Restaurant & Bar in New Jersey. According to the attorney representing Gregory’s Restaurant & Bar, his client laid claim to the “Taco Tuesday” trademark even before Taco John’s did back in the 1970s. In the 1990s, both parties agreed to divide the trademark between New Jersey and the rest of the United States.
“It’s clearly a David and Goliath situation. They definitely have more resources than we do,” acknowledged the attorney representing Gregory’s Restaurant & Bar. “But we’re willing to fight tooth and nail.”
The Origins of Taco John’s
Taco John’s origins can be traced back over 50 years when it first started as a food truck. According to Taco John’s, the “Taco Tuesday” concept emerged when a franchisee in Minnesota introduced “Taco Twosday,” offering two tacos for 99 cents on a slow day of the week.
A Disparity in Size
Taco Bell, a prominent chain under Yum Brands along with Pizza Hut, KFC, and The Habit Burger Grill, has far greater reach than Taco John’s. With over 7,200 locations across the United States and internationally, Taco Bell dwarfs Taco John’s, which only boasts about 370 locations mainly in Western and Midwestern states.
Wise Advice from a Trademark Attorney
Trademark attorney Michael Atkins from Seattle applauded Taco John’s decision to abandon the “Taco Tuesday” trademark battle. He deemed it a wise move since the phrase has become too commonplace.
“It was silly for them to try to claim monopoly rights over an ordinary phrase,” commented Atkins. “They would’ve lost.”
Taco Bell spokeswoman Richa Anand did not provide immediate comment on the matter.
