Spicy standoff
CHEYENNE, Wyo. — “Taco Tuesday” may be a well-known term for a themed dinner night out or at home, but as restaurants across the U.S. have learned, it’s also trademarked.
Cheyenne-based Taco John’s — which has nearly 400 locations in 23 states — put its legal stamp on “Taco Tuesday” 30 years ago and has since zinged cease-and-desist letters at offenders far and wide.
Now, a recent example is stirring a debate that hits close to home for the fastfood chain.
Taco John’s last month sent a warning to a brewery five blocks from its national headquarters for using the term to advertise a taco truck that parks outside its establishment once a week.
“We certainly appreciate our fellow community member’s enthusiasm for tacos on Tuesdays, and the term is often used inadvertently,” read the letter addressed to “Sir or Madam” at Freedom’s Edge Brewing Co. “However, it is still extremely important to us to protect our rights in this mark.”
Freedom’s Edge took the matter to Facebook, and the comments poured in.
Taco John’s didn’t return messages seeking comment, but former Chief Marketing Director Billie Jo Maara called the term part of the company’s “DNA” in a 2016 TEDx talk about “Taco Tuesday.”
When it comes to “Taco Tuesday,” a legal expert doubts Taco John’s has much of a case.
Like “raisin bran,” “escalator,” “nylon” and other formerly trademarked products, “Taco Tuesday” has suffered from “genericide” — it has become too well-known to continue to be identified with a particular company, said Seattlebased attorney Michael Atkins.
The company trademarked “Taco Tuesday” in 1989, claiming a Minnesota franchisee began using “Taco Twosday” to advertise two tacos for 99 cents in the early 1980s. The trademark applies in every state but New Jersey, where another restaurant already had secured the right to “Taco Tuesday.”