CNN

Taco Bell and Taco John’s drop their ‘Taco Tuesday’ fight

Jul 18, 2023, 12:05 PM

The battle over the "Taco Tuesday" trademark is coming to an end.
Mandatory Credit:	John Tlumacki/T...

The battle over the "Taco Tuesday" trademark is coming to an end. Mandatory Credit: John Tlumacki/The Boston Globe/Getty Images

New York (CNN) — Taco John’s, the regional chain that has “Taco Tuesday” trademarked, announced Tuesday that it’s ending its fight in defending the phrase and will “abandon” it because it doesn’t want to pay the legal fees that come with a fight against Taco Bell.

“We’ve always prided ourselves on being the home of Taco Tuesday, but paying millions of dollars to lawyers to defend our mark just doesn’t feel like the right thing to do,” Taco John’s CEO Jim Creel said in a statement

Taco Bell filed a petition in May with the US Patent and Trademark office to cancel the trademark owned by rival Taco John’s for 34 years because Taco Bell claims the commonly used phrase “should be freely available to all who make, sell, eat and celebrate tacos.”

As a result of the trademark being abandoned, Creel said that it’s donating $40,000 ($100 per its roughly 400 locations) to Children of Restaurant Employees (CORE). CORE is a nonprofit organization that “supports restaurant workers with children by providing financial relief when either the employee, spouse or a child faces a life-altering health crisis, injury, death or natural disaster,” Taco John’s explained in a statement.

Taco Bell didn’t immediately respond for comment.

Taco John’s has owned the trademark in every state except New Jersey since 1989. It has used the phrase for marketing purposes and has defended its use of the phrase and sent cease-and-desist letters to others trying to use it.

But Taco Bell took issue with that, and said that “nobody should have exclusive rights in a common phrase” and that any restaurant should use it.

Trademark attorney Josh Gerben told CNN that Taco John’s decision is “not surprising” because the “phrase became ubiquitous in the marketplace and any attempt to enforce the trademark registration would likely have failed in court.”

“Therefore, the trademark registration had little, if any, value left at this point in time,” he said. “If the case was litigated to the end, Taco John’s could have suffered a significant public relations loss. By bowing out of the court fight at this point, given the low probability of winning, Taco John’s can work to control the court of public opinion around the issue.”


The-CNN-Wire™ & © 2023 Cable News Network, Inc., a Warner Bros. Discovery Company. All rights reserved.

KSL 5 TV Live

CNN

Republican presidential nominee former President Donald Trump and his running mate Sen. JD Vance, R...

Ramishah Maruf, CNN

Why some Instagram users aren’t able to unfollow Trump and JD Vance

Some Meta users complained that they were forced to follow Trump and Vance's official accounts on Meta platforms, but the company denies doing so.

2 days ago

At least two students were shot on January 22 at Antioch High School in Nashville, when another stu...

Chris Boyette and Caroll Alvarado, CNN

Student fatally shoots 1 student, wounds another at Nashville high school, police say

At least two students were wounded Wednesday at Antioch High School in Nashville, when another student allegedly shot them in the school cafeteria, Metro Nashville Police said.

3 days ago

The Netflix logo is seen on top of their office building in Hollywood, California, in January 2022....

Liam Reilly, CNN

Netflix raising prices after reporting its biggest-ever subscriber jump

Netflix announced Tuesday it will raise prices on most of its subscription tiers in the US and Canada after the streaming giant reported 19 million new subscribers in the last quarter of 2024.

4 days ago

U.S. President-elect Donald Trump views fireworks at Trump National Golf Club Washington DC in Ster...

Clare Duffy and David Goldman, CNN

Trump signs promised executive action to delay TikTok ban for 75 days

As he promised Sunday, President Donald Trump on Monday signed an executive action that delays enforcement of the TikTok ban for 75 days.

5 days ago

FILE - The TikTok Inc. building is seen in Culver City, Calif., March 17, 2023. (AP Photo/Damian Do...

Aaron Pellish and Brian Stelter, CNN

TikTok shuts down in the United States hours ahead of a ban

TikTok went dark in the United States on Saturday night, less than two hours before a ban was slated to go into effect.

6 days ago

Smoke rises from explosions above destroyed buildings in the northern Gaza strip on January 16. (Me...

Lauren Izso, Mick Krever, Kareem El Damanhoury, Mohammed Tawfeeq and Lex Harvey, CNN

Gaza ceasefire-hostage deal to begin Sunday, bringing halt to fighting

The long-awaited ceasefire and hostage release deal between the Israeli government and Hamas will take effect on Sunday,

7 days ago

Sponsored Articles

holiday gift basket with blue tissue paper and gingerbread cookies...

Kneaders Bakery & Cafe

Holiday hacks for a stress-free season

Get more out of your time with family and loved ones over the holidays by following these tips for a stress-free season.

2 computer techs in a computer shop holding up a computer server with the "hang loose" sign...

PC Laptops

A comprehensive guide to choosing the right computer

With these tips, choosing the right computer that fits your needs and your budget will be easier than ever.

crowds of people in a German style Christmas market...

This Is The Place Heritage Park

Celebrate Christkindlmarket at This Is The Place Heritage Park!

The Christkindlmarket is an annual holiday celebration influenced by German traditions and generous giving.

Image of pretty woman walking in snowy mountains. Portrait of female wearing warm winter earmuff, r...

Lighting Design

Brighten your mood this winter with these lighting tricks

Read our lighting tips on how to brighten your mood in the winter if you are experiencing seasonal affective disorder.

A kitchen with a washer and dryer and a refrigerator...

Appliance Man

Appliance Man: a trusted name in Utah’s home appliance industry

Despite many recent closures of local appliance stores, Appliance Man remains Utah's trusted home appliance business and is here to stay.

abstract vector digital social network technology background...

Les Olson

Protecting yourself against social engineering attacks

Learn more about the common types of social engineering to protect your online or offline assets from an attack.

Taco Bell and Taco John’s drop their ‘Taco Tuesday’ fight