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Taco Tuesday belongs to the world now. Anyone can say the phrase, and of course anyone can celebrate it, and starting today (Happy Taco Tuesday?), any business outside of New Jersey can use the phrase to promote their tortilla-wrapped offerings. That’s because Taco John’s, a Wyoming-based fast-food chain, waived its legal claim to the phrase following a lawsuit filed by Taco Bell.
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The smaller brand said it will give up the service mark it owns through the US Patent and Trademark Office, citing the cost of legal fees in its fight against the megachain.
“We’ve always been proud to be the home of Taco Tuesday, but paying millions of dollars to attorneys to defend our brand just doesn’t seem like the right thing to do,” Taco John CEO Jim Creel said in one Explanation.
In a strange arrangement dating back decades, Taco John’s had the rights to the phrase in every state except New Jersey, where restaurant Gregory’s still holds the honor. In May, Taco Bell filed two motions with the Patent Office to have those exclusive rights revoked.
“Taco Bell believes ‘Taco Tuesday’ is vital to everyone’s Tuesday,” reads the company’s petition to the US Patent and Trademark Office. “Keeping someone from saying ‘Taco Tuesday’ — whether it’s Taco Bell or anyone bringing tacos to the world — is like depriving the world of sunshine itself.”
Taco John’s, which operates more than 370 restaurants across the country, wanted to turn the end of the potential litigation into a public relations victory. The company said it would use the money it would have given its attorneys for a charitable donation, giving $40,000 to the Children of Restaurant Employees nonprofit, which supports workers and their families during health crises and natural disasters. It also cheekily challenged Taco Bell and others, who used the phrase “our quarrelsome competitors” to give similar gifts.
A Taco Bell representative did not immediately respond to a request for comment.
The ploy seemed to work, and fans took to social media to praise the company. “It’s sad to see Taco Bell win, but I love that you’re doing it in style. :-)” one tweeted. “Taco John’s for the win!” wrote another.
Taco John’s also invited and shamed NBA star LeBron James, who appeared in Taco Bell commercials, to donate the honoraria he received for advertising.
Some experts had doubted that Taco John’s, which had previously defended its rights to the phrase, would ultimately prevail. Under trademark law, ubiquitous terms can’t belong to anyone, said Maggie Mettler, legal director of Yum Brands, Taco Bell’s parent company. Terms like escalator, aspirin, and yo-yo became so common that their trademarks were cancelled.
The term originated in 1979 when Taco John’s franchisee, Dave Olsen of St. Paul, Minnesota, invented a way to boost business on a normally slow weekday. Since then, its use has expanded, with cafeterias and other restaurants adopting it to advertise their offerings. The hashtag #TacoTuesday is popular on social media, and a search for the term on Etsy leads to countless t-shirts, candles, and even neon signs.
Taco John’s said it will continue to offer its “Taco Tuesday” special, $2 for two tacos, making it a regular offer through the end of the month. “While the registration icon will disappear, Taco John’s will always be the home of Taco Tuesday to its legions of fans across the country,” the statement said.
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