In a bid to free the “Taco Tuesday” trademark, Taco bell on Tuesday filed a petition seeking to invalidate the trademark owned by rival Taco John’s, which has held it for 34 years. Taco Bell argues that the widely used phrase should be accessible to all individuals and businesses involved in the making, selling and consumption of tacos. Currently, due to Taco John’s ownership of the trademark, other restaurants and companies must obtain permission to utilise “Taco Tuesday” in their branding and advertising. Taco Bell’s filing expressed concern that the use of the phrase could potentially lead to legal action or complaints if it is used without explicit permission from Taco John’s. The petition stated that such restrictions impede Taco Bell and others from freely enjoying and promoting the joy of tacos on a Tuesday. Taco Bell firmly believes that no one should possess exclusive rights to a commonly used phrase. Maggie Mettler, the legal director for Taco Bell’s parent company, Yum! Brands (YUM), explained to CNN that they are employing trademark law to rectify what they view as an injustice. Mettler hopes that their bold brand action will receive support from others. While Taco Bell’s actions may appear lighthearted, the company asserts their seriousness in the matter. Moreover, trademark attorney Josh Gerben suggests that Taco Bell may have a strong case, as “Taco Tuesday” has become a widely recognized and commonly used phrase. However, according to reports, Taco Bell’s petition with the Trademark Trial and Appeal Board, may take up to two years until a final decision is reached. Taco John’s has a period of 40 days to submit a response. If the two chains fail to reach an agreement during this time, the case will proceed to a discovery phase. This phase allows both companies to request documents and present evidence to support their respective positions. Subsequently, a trial will take place, featuring oral arguments presented before the judges of the board. From ‘Taco Twosday’ to ‘Taco Tuesday’ In the early 1980s, a Taco John’s restaurant owner coined the term “Taco Twosday” to boost sales on the restaurant’s slowest day of the week. The owner introduced a 99-cents deal for two tacos, which proved successful and significantly improved sales. As a result, the owner shared this strategy with other franchisees. Later on, the name was modified to “Taco Tuesday,” and the chain decided to trademark the phrase in 1989, incorporating it into their marketing efforts. Since then, Taco John’s has actively defended their exclusive use of the phrase and has sent cease-and-desist letters to those attempting to use it without permission. In a 2016 interview, Billie Jo Waara, a former marketing executive at Taco John’s, explained that they have asserted their trademark rights against various companies, including national restaurants, small eateries, and even pharmaceutical firms. They acknowledge that unauthorized use of “Taco Tuesday” is widespread, and they make efforts to communicate their ownership. Regarding the recent actions by Taco Bell, Taco John’s stated that they have not been contacted by Taco Bell and thus have no comment on potential trademark issues. However, Taco John’s took the opportunity to express their gratitude to their competitors at Taco Bell, emphasizing that the best way to celebrate “Taco Tuesday” is at Taco John’s—the rightful trademark owner of the phrase. In response to the situation, Taco John’s is currently offering a “Taco Tuesday” deal of two tacos for $2 every day until May 31. Read all the Latest News , Trending News , Cricket News , Bollywood News , India News and Entertainment News here. Follow us on Facebook, Twitter and Instagram.
Taco Bell is using trademark law to rectify what they view as an ‘injustice’. The popular Taco chain firmly believes that no one should possess exclusive rights to a commonly used phrase
Advertisement
End of Article