2023-05-17 12:05:53 ET
Yum Brands' ( NYSE: YUM ) chain Taco Bell is asking U.S. regulators to force Wyoming-based Taco John's to give up the longtime claim to the trademark on the phrase "Taco Tuesday."
The United State Patent Trademark Office first approved the Taco John's "Taco Tuesday" trademark in 1989. However, attorneys for Taco Bell maintain that too many businesses and others now refer to Taco Tuesday for Taco John’s to be able to retain exclusive rights to the phrase.
"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," reads the legal filing.
The legal issue comes down to if the term Taco Tuesday over the years has succumbed to genericide, which means a term or phrase is so widely used for sales promotions that it is no longer widely associated with the trademark holder.
In a related matter, the Patent and Trademark Office ruled in 2019 that NBA All-Star player Lebron James could not trademark the phrase because it was too commonplace to qualify as a trademark. It was believed that James was looking to use the phrase for a podcast.
Privately-owned Taco John's is small compared to the Taco Bell chain, but has to about 370 locations spread across 23 states. The restaurant chain has defended the Taco Tuesday trademark several times in the past. The chain responded to Taco Bell's filing this week by announcing a new two-week Taco Tuesday promotion, with a large side of riposte.
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Fast-food wars: Taco Bell sues Taco John's over phrase Taco Tuesday