**Taco Bell and Taco John’s Settle Trademark Dispute Over “Taco Tuesday”**
Taco Bell emerged victorious in its battle to remove trademark restrictions on the widely-used phrase “Taco Tuesday.” Taco John’s, the Cheyenne-based fast food chain known for its claim on the term, formally abandoned its trademark in 49 states. The dispute, however, continues in New Jersey where Gregory’s Restaurant & Bar intends to fight for its exclusive rights to “Taco Tuesday.”
Taco John’s Surrenders Trademark Claim
Taco John’s relinquished its claim to “Taco Tuesday” in a filing with the U.S. Patent and Trademark Office, effectively ending the highly publicized conflict with Taco Bell. The fast food chain had vigorously defended its ownership of the phrase in 49 states, issuing numerous cease-and-desist orders to any establishment daring to promote a “Taco Tuesday” promotion, with the exception of Gregory’s Restaurant & Bar in New Jersey.
New Jersey Restaurant Vows to Continue the Fight
While Taco John’s decided to back down, Gregory’s Restaurant & Bar in Somers Point, New Jersey remains resolute in its battle against Taco Bell. The establishment’s attorney, Stephen Altamuro, stated that they would persist in asserting their exclusive right to hold “Taco Tuesday” promotions in the state. Taco Bell, however, remains confident in its legal position and intends to defend its claim.
A Long History of Disputes
“Taco Tuesday” has become a commonly used phrase in restaurants and other settings. Taco John’s, recognizing its value, has vigorously defended its trademark of the term for over 40 years in all states except New Jersey. The company has sent numerous cease-and-desist orders to any establishment attempting to use “Taco Tuesday” for promotional purposes. Their efforts even extended to sending a letter to a small brewery near their headquarters, warning them to cease using the phrase to promote a taco truck.
Even NBA star LeBron James was unsuccessful in his attempt to trademark “Taco Tuesday.” The ongoing disputes ultimately led Taco Bell to file with U.S. trademark regulators in May, urging Taco John’s and Gregory’s Restaurant & Bar to abandon their trademarks. Taco Bell argued that the phrase had become too widely used to belong exclusively to any one company or individual.
Taco John’s Retreats from the Battle
In response to Taco Bell’s filing, Taco John’s submitted a two-page document to the trademark office, surrendering its trademark claim. The company’s CEO, Jim Creel, stated that the decision was motivated by the desire to allocate resources more effectively. Defending the trademark would require significant financial investment, which Taco John’s believed could be better utilized elsewhere. Creel emphasized that Taco John’s did not seek to prevent anyone from selling tacos on Tuesdays.
The Fight Continues in New Jersey
Taco Bell, however, still faces opposition from Gregory’s Restaurant & Bar in New Jersey. According to the restaurant’s attorney, Gregory’s laid claim to the trademark before Taco John’s in the 1970s. In the 1990s, an agreement was reached between the two parties, dividing the trademark between New Jersey and the rest of the U.S. Despite their size disadvantage, Gregory’s Restaurant & Bar is determined to defend its rights against Taco Bell.
A David and Goliath Battle
The defense of the New Jersey trademark against Taco Bell presents a significant challenge for Gregory’s Restaurant & Bar. The restaurant’s attorney, Stephen Altamuro, acknowledged the vast disparity in resources between the two parties. However, they remain steadfast in their commitment to fight for their rights.
Final Thoughts and Taco Bell’s Superiority
Taco Bell, part of the Yum! Brands chain, is an international powerhouse with over 7,200 locations worldwide. In contrast, Taco John’s operates around 370 locations in 23 primarily Western and Midwestern states. Given their size and reach, Taco Bell holds a distinct advantage over its smaller rival.
Trademark Attorney Weighs In
Trademark attorney Michael Atkins believes that Taco John’s made a wise decision in abandoning its claim to “Taco Tuesday.” As the phrase has become so commonplace, it would have been futile for them to maintain monopoly rights over an ordinary expression. In his opinion, a loss for Taco John’s was inevitable.
In conclusion, Taco Bell emerged as the winner in the trademark dispute over “Taco Tuesday” as Taco John’s chose to abandon its claim. The battle, however, continues in New Jersey as Gregory’s Restaurant & Bar remains determined to defend its exclusive rights to the phrase. This ongoing conflict highlights the complexities and challenges that arise when attempting to trademark common phrases.
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