“Taco Bell Wins Legal Battle to Use ‘Taco Tuesday’, Allowing Other Restaurants to Use the Term Nationwide”
Taco Bell Triumphs in Taco Tuesday Trademark Tussle
In a landmark decision, fast-food titan Taco Bell has successfully petitioned the U.S. Patent and Trademark Office to cancel the “Taco Tuesday” trademark, previously held by Taco John’s and Gregory’s Restaurant & Bar. The move has effectively made the term available for use by restaurants nationwide.
Taco Bell’s Argument
Taco Bell, boasting an impressive $2 billion in annual sales, argued that the term “Taco Tuesday” is generic enough to be used by any restaurant, anywhere. The patent office agreed, and in the face of mounting legal bills, Taco John’s relinquished its rights in July. Last week, Gregory’s Restaurant & Bar also surrendered, as announced by Taco Bell.
Impact on Gregory’s Restaurant & Bar
Gregory’s Restaurant & Bar, a New Jersey establishment, had held the trademark for “Taco Tuesday” since 1982. Owner Gregory Gregory expressed relief at the decision, stating that the trademark had been difficult to defend. He also expressed optimism about the future, stating, “Now that we’ve relinquished the trademark, everybody can build their own traditions.”
Taco Bell’s Celebration
To celebrate the victory, Taco Bell has promised free Nacho Cheese Doritos Locos Tacos on November 21 through the Taco Bell app, no purchase necessary, at New Jersey Taco Bell locations. Sean Tresvant, Taco Bell’s chief global brand and strategy officer and incoming CEO, thanked Gregory’s for their decision to relinquish the trademark, stating, “New Jersey businesses and fans can fully enjoy Taco Tuesday, effective immediately.”
The Cost of Defending the Trademark
Jim Creel, Taco John’s chief executive, told the Wall Street Journal that it could have cost as much as $1 million to defend the trademark. In a show of goodwill, Taco John’s has pledged to donate $40,000 to Children of Restaurant Employees, a nonprofit group.
The History of Taco Tuesday
The term “Taco Tuesday” was coined by Gregory’s in 1979, and the restaurant has been using its original recipe ever since. The patent was registered in 1982, but no evidence was submitted that it was being used. As a result, the Patent and Trademark Office canceled the registration in 1989, and Taco John’s was awarded the trademark in 49 states, excluding New Jersey.
Looking Forward
Despite the loss of the trademark, Gregory’s Restaurant & Bar plans to continue its Taco Tuesday tradition. Co-owner Walter Gregory stated, “We’re gonna have the best Taco Tuesday around. We’re going to keep on having tacos forever.”
The end of the trademark dispute has also brought an unexpected boon for Gregory’s. Bartender Tom Milburn reported that publicity about the case led to an “explosion” of business over the summer, resulting in the best season the restaurant has ever had.
With the patent dispute now resolved, restaurants across the United States are free to use the term “Taco Tuesday” for their specials, thanks to Taco Bell’s successful petition. The decision marks a significant moment in the history of trademark law and the fast-food industry.