Taco Bell is in turmoil over trademark rights so the company can live fully.
The phrase “Taco Tuesday” is used in a variety of ways, from promotions for local restaurants to dinner parties. However, it turns out that a company actually owns the rights to print the printout and use it commercially. That honor goes to the Midwest-based fast food chain Taco John’s, which has owned the brand since 1989.
That means if Taco Bell wants to run a promotion, advertisement, or any type of branding that says “Taco Tuesday,” it could face legal action from the competing taco chain unless they ask for express permission.
On Tuesday (of course) Taco Bell has officially submitted a petition The U.S. Patent and Trademark Office requires that the phrase “Taco Tuesday” be “freely available to anyone who makes, sells, eats, and celebrates tacos.”
Liberate Taco Tuesday Court filing via Taco Bell
The brand even made a cheeky reference to the new lawsuit on social media, posting the catchy phrase on Twitter.
I’m feeling messy… Taco Tuesday.
— Taco Bell (@tacobell) May 16, 2023
The phrase originated at a Taco John’s restaurant as part of a promotion selling two tacos for 99 cents to increase sales on Tuesdays, which have historically been the company’s down days (originally spelled “Taco Twosday”) . It was subsequently expanded to other franchisees and eventually registered as a trademark.
“Ultimately, at Taco John’s, we are lovers, not fighters,” said Jim Creel, CEO of Taco John entrepreneur by email. “But when a big, bad tyrant threatens to take away the mark our ancestors created so many decades ago, it just rings hollow to us. If ‘living more’ means lining the pockets of Taco Bell’s army of lawyers, then we’re not interested.”
Taco John’s has 40 days to respond to Taco Bell’s submission. It can take up to two years for the decision to be made.
“Taco Bell is not seeking damages or trademark rights for ‘Taco Tuesday.'” “It just seeks common sense for the use of a common term,” Taco Bell said a publication regarding the legal documentation. “By filing the legal motions, Taco Bell is recognizing the right of people to come together on Tuesdays and every other day and celebrate the joys of tacos.”
Yummy! Brands was up 23.7% over a one-year period as of Tuesday afternoon.
