“How are the vibes on this [fine] Taco Tuesday?” Taco John’s Twitter account posted on a recentTuesday morning. It’s safe to say that this Taco Tuesday was the start of a real vibe shift — and the end of what could’ve been a long legal battle between Taco John’s and Taco Bell over a much loved two-word phrase.
Earlier this year, Taco Bell petitioned the United States Patent and Trademark Office (USPTO) to cancel Taco John’s longtime trademark on the phrase “Taco Tuesday,” arguing that the term “should belong to all who make, sell, eat and celebrate tacos.” In a statement released on Tuesday, Taco John’s said that it was releasing its trademark on those two words, and would not continue its court fight to keep it.
“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 CEO Jim Creel said. “As we’ve said before, we’re lovers, not fighters, at Taco John’s.”
Creel has instead pledged a $40,000 donation — $100 for each of its 400 locations — to the nonprofit organization Children of Restaurant Employees (CORE) which provides financial relief to food and beverage industry workers who are facing health crises or other challenges.
“Let’s see if our friends at Taco Bell are willing to ‘liberate’ themselves from their army of lawyers by giving back to restaurant families instead,” said Creel. “We challenge them to match our $100-per-restaurant pledge — that’s about $720,000 — which is less than they’d have to spend in a legal battle for the mark. We also invite Del Taco, Taco Bueno, Taco Cabana, Jack In The Box and mom and pop taco shops across the country that intend to use Taco Tuesday in the future to join us in this movement.”
Taco Bell isn’t the only one that could be saving in attorneys’ fees; Creel told the Wall Street Journal that it could’ve cost up to $1 million to fight Taco Bell in court. “It’s just not worth the amount of money it would take to defend it,” he said. “We’d rather take that money and put it toward a good cause.”
Taco John’s had owned the trademark on “Taco Tuesday” in 49 states for the past 34 years. Gregory’s Restaurant and Bar owns the rights to the term in New Jersey. Taco Bell has filed a separate objection in that state, but the restaurant’s co-owner told Reuters that they didn’t intend to surrender their own trademark.
So now Tuesdays can be a “Taco Tuesday” for everyone… well, almost everyone. We’re looking at you, New Jersey.
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Photo Credit: Joshua Resnick / Shutterstock.com