Taco John’s recently gave up on its trademark phrase “Taco Tuesday,” as it is ending the fight to defend the phrase. They have decided to “abandon” it since they have realized that it is a better option to give up the phrase than pay millions of dollars as legal fees to fight against brands like Taco Bell.
The fast food chain, based in Wyoming, gave up the legal fight to hold the trademark of the “Taco Tuesday” phrase against the claims made by Taco Bell. Now, any company outside New Jersey can use the phrase to promote their tacos.
The CEO of Taco John’s said in a statement,
“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.”
Taco John’s held the rights to the phrase “Taco Tuesday” in every state outside New Jersey. In New Jersey, the restaurant Gregory’s still holds the trademark of the phrase.
Taco John owned the trademark to the phrase for more than 34 years. However, in May, Taco Bell filed a petition in May with the US Patent and Trademark Office. This resulted in canceling of Taco John’s trademark. Taco Bell later claimed that the given phrase “should be freely available to all who make, sell, eat and celebrate tacos.”
Taco Bell is of the opinion that no company or individual should have exclusive rights over a common phrase, and every restaurant must be able to use the phrase whenever and wherever they like. Experts also support Taco John’s decision as they feel that the phrase has become so common in the marketplace, and any attempt to enforce a trademark on it will result in an eventual loss at the court level.
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