Taco Bell is urging U.S. regulators to democratize: “Taco Tuesday,” a term that is currently trademarked by Wyoming-based Taco John’s, reports AP News. Taco John’s has held the trademark since 1989.
On Tuesday, Taco Bell asserted in a U.S. Patent and Trademark Office filing that too many businesses and entities refer to “Taco Tuesday” for Taco John’s to maintain exclusive rights.
“Taco Bell believes ‘Taco Tuesday’ is critical to everyone’s Tuesday. To deprive anyone of saying ‘Taco Tuesday’—be it Taco Bell or anyone who provides tacos to the world—is like depriving the world of sunshine itself,” the Taco Bell filing reads.
New York trademark law attorney Emily Poler shared that the question is whether the term has become too generic.
“Basically, what this is about is you cannot trademark something that is ‘generic,’” said Poler. “That means it doesn’t have any association with that particular source or product.”
Taco John’s responded to Taco Bell’s filing by announcing a Taco Tuesday promotion, defending the franchise's claim to the trademark.
“I’d like to thank our worthy competitors at Taco Bell for reminding everyone that Taco Tuesday is best celebrated at Taco John’s,” CEO Jim Creel said in a statement. “We love celebrating Taco Tuesday with taco lovers everywhere, and we even want to offer a special invitation to fans of Taco Bell to liberate themselves by coming by to see how flavorful and bold tacos can be at Taco John’s all month long.” Full Story
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