After almost 25 years of holding the trademark to “Taco Tuesday” in all states but New Jersey, Taco John’s is relinquishing its grip on the phrase, allowing other restaurants and businesses to use the phrase.
However, it’s asking for a little something in return.
“We’ve always prided ourselves on being the home of Taco Tuesday, but paying millions of dollars to lawyers to defend our mark just didn’t feel like the right thing to do,” Taco John’s CEO Jim Creel said in a press release.
Creel said that his business will donate $100 per restaurant location — making for a $40,000 donation — to the nonprofit Children of Restaurant Employees, and asked his competitors at Taco Bell, Del Taco, and others to do the same.
The “Taco Tuesday” trademark has been a highly sought-after one. In addition to all of these restaurants that serve tacos and would love to maybe sell some merchandise using the phrase, NBA star LeBron James petitioned to trademark the phrase in 2019 after using it repeatedly on social media, including making T-shirts for his household.
James and Taco Bell teamed up for a series of ads advocating for “Taco Tuesday” to be used by anyone, not just Taco John’s.
That move might have prompted Creel and Taco John’s challenge to Taco Bell here.
“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,” Creel said.
Taco Bell clearly plans to use the trademark for something in the near future, tweeting a cryptic response to the news.
best taco tuesday ever… for now 👀 https://t.co/WpmVnWyqXi
— Taco Bell (@tacobell) July 19, 2023
While things between restaurants spice up, this is good news for promotional products distributors whose clients might want to use the previously-trademarked phrase. Maybe it’s a mom-and-pop restaurant looking for signage for weekly specials. Maybe it’s some sort of fundraiser centered around tacos. Regardless, it’s now a phrase that distributors can use for promotions without fear of legal action, unlike other common phrases like “March Madness” or “Super Bowl.”
