Although “Taco Tuesday” is a well-known phrase, Taco John's previously spent four decades defending its trademark of the term in the 49 states besides New Jersey.
CHEYENNE, Wyo. — Taco Bell rang up a win Tuesday in its quest to make “Taco Tuesday” free of trademark restrictions, with Taco John’s formally abandoning its decades-old claim to own the phrase amid a challenge from its bigger rival.
While “Taco Tuesday” has become a well-known phrase often used at restaurants and elsewhere, Taco John’s has worked hard to defend its more than 40-year-old trademark of the term in the 49 states besides New Jersey. The fast food chain sent many cease-and-desist orders over the years to anyone besides Gregory’s Restaurant & Bar daring to have a “Taco Tuesday” promotion.
Depriving people of free use of “Taco Tuesday” would be like depriving them “of sunshine itself,” Taco Bell attorneys wrote in a U.S. Patent and Trademark Office filing. Taco John’s, in response, said in part that it didn’t seek to bar anyone from selling tacos on Tuesdays. “Clearly it’s David and Goliath. I mean, certainly they bring a lot more resources to the table than we do,” Altamuro said of defending the New Jersey trademark against Taco Bell. “But we’re willing to scrap as much as we need to.”
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