‘Taco Tuesday’ is owned by Taco John’s. Taco Bell wants to change that.
We’ve all seen LeBron James shout it on Instagram live. Most of us have probably participated in it at one time or another. Now, Taco Bell wants to be able to use this common phrase without paying royalty fees to the rival company that owns it.
The California-based Taco Bell recently filed a petition with the U.S. Patent and Trademark Office to cancel the “Taco Tuesday” trademark from rival fast food company Taco John’s, according to CNN.
In 1989, Taco John’s trademarked the phrase in every state, except New Jersey, after a 99 cent taco promotion on Tuesdays, the slowest sales day of the week, worked wonders.
The smaller fast food chain, which serves Mexican-inspired food in the Midwest and mountain regions, has defended its ownership of the phrase ever since — they have sent cease-and-desist letters to those trying to use it.
Taco Bell now wants a slice of the pie … err, a bite of the taco.
Like LeBron James, who was denied permission to monetize the phrase in 2019, Taco Bell argues that it is such a common phrase these days that anyone should be able to use it, without having to request permission from Taco John’s. At least we can say we have something in common with LeBron.
It could take up to two years before this is ever resolved, according to CNN. Taco John’s now has 40 days to file a response to the petition. Either both sides come to an agreement, or, more likely, Taco John’s and Taco Bell don’t reach an agreement on the use of the phrase. If the latter happens, the next step would be a discovery period where both parties present evidence to the Trademark Trial and Appeal Board.
In response to the petition, Taco John’s is offering a “Taco Tuesday” promotion of two tacos for $2 every day until May 31.
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