Please ensure Javascript is enabled for purposes of website accessibility

PBS and NPR Mount Last-Ditch Fight to Save Federal Funding

1 day ago

Netanyahu Under Mounting Political Pressure After Party Quits

1 day ago

Wall Street Opens Higher After Inflation, Bank Results

1 day ago

Sick of Loud Ads on Netflix? A Proposed California Law Turns Down the Volume

2 days ago

Record Numbers of Americans Say Immigration Is Good for Country: Gallup Poll

2 days ago

In California Strawberry Fields, Immigration Raids Sow Fear

2 days ago

Newsom’s Office Attacks Stephen Miller, Calling Him a ‘Fascist Cuck’

2 days ago

Trump’s Spending Bill Will Likely Boost Costs for Insurers, Shrink Medicaid Coverage

2 days ago
Food Fight: Company Says It Owns 'Taco Tuesday'
gvw_ap_news
By Associated Press
Published 6 years ago on
August 17, 2019

Share

CHEYENNE, Wyo. — “Taco Tuesday” may be a well-known term for a themed dinner night out or at home, but as restaurants across the U.S. have learned, it’s also trademarked.
Wyoming-based Taco John’s — which has nearly 400 locations in 23 states — put its legal stamp on “Taco Tuesday” 30 years ago and has since zinged cease-and-desist letters at offenders far and wide.
Now, a recent example is stirring a debate that hits close to home for the fast-food chain.

Company Sends Warning to Brewery

Taco John’s last month sent a warning to a brewery five blocks from its national headquarters for using the term to advertise a taco truck that parks outside its establishment once a week.

“We certainly appreciate our fellow community member’s enthusiasm for tacos on Tuesdays, and the term is often used inadvertently,” read the letter addressed to “Sir or Madam” at Freedom’s Edge Brewing Co. “However, it is still extremely important to us to protect our rights in this mark.”
Freedom’s Edge took the matter to Facebook, and the comments poured in.
“We have nothing against Taco John’s but do find it comical that some person in their corporate office would choose to send a cease and desist to a brewery that doesn’t sell or profit from the sales of tacos,” the brewery wrote.

‘Protecting the Little Guy’

Some people rallied to the chain’s defense, pointing out that Taco John’s itself started as a humble food trailer 50 years ago and legitimately secured the trademark, while others said it’s time for Taco John’s to lighten up.
“I have some choice words for a corporate company that is infringing on local small businesses trying to keep afloat. LONG LIVE #nottacotuesday,” wrote one Cheyenne resident, Jackie Suntrup.

It’s kind of asinine to me think that one particular taco seller, or taco maker, would have monopoly rights over ‘Taco Tuesday,'” — Attorney Michael Atkins
Taco John’s didn’t return messages seeking comment, but former Chief Marketing Director Billie Jo Maara called the term part of the company’s “DNA” in a 2016 TEDx talk about “Taco Tuesday.”
“I know that we’ve been seen as a bully, some corporate giant that is protecting this brand, but really it’s us protecting the little guy,” Maara told the audience. “Great ideas can come from the most unexpected places, and when they do, we should protect it.”
Taco John’s isn’t the only company that has drawn attention for defending a trademark against small businesses. Starbucks made headlines when it went after a Texas bar owner who created a “Star Bock” beer. And Gerber has been known to guard its “onesie” trademark against mom-and-pop crafters who design one-piece infant outfits to sell online.
Wyoming-based Taco John’s restaurant trademarked “Taco Tuesdays” more than 30 years ago. It has taken action to prevent others from using the term.  (AP Photo/Mead Gruver)

Legal Experts Express Doubts

When it comes to “Taco Tuesday,” a legal expert doubts Taco John’s has much of a case.
Like “raisin bran,” ”escalator,” ”nylon” and other formerly trademarked products, “Taco Tuesday” has suffered from “genericide” — it has become too well-known to continue to be identified with a particular company, said Seattle-based attorney Michael Atkins. The term even made a fairly significant appearance in “The Lego Movie,” a 2014 kid film based on the popular plastic toys.
“It’s kind of asinine to me think that one particular taco seller, or taco maker, would have monopoly rights over ‘Taco Tuesday,'” Atkins said. “It has become such a common phrase that it no longer points to Taco John’s and therefore Taco John’s doesn’t have the right to tell anybody to stop using that.”
Taco John’s offers Americanized Mexican fare advertised as “West-Mex.” Mildly spiced, fried potato nuggets called Potato Oles — dipped in salsa or nacho cheese or packed in a burrito — are a signature item.
The company trademarked “Taco Tuesday” in 1989, claiming a Minnesota franchisee began using “Taco Twosday” to advertise two tacos for 99 cents in the early 1980s. The trademark applies in every state but New Jersey, where another restaurant already had secured the right to “Taco Tuesday.”

Trademark ‘A Culinary Sin’

Taco John’s has encountered pushback elsewhere. In 2014, a Madison, Wisconsin, restaurant responded with a competition to rename its Taco Tuesdays. A woman who came up with “Ole Tuesdays” won the prize of a year’s supply of tacos.
Freedom’s Edge Brewery co-owner Tim Moore said he had no idea “Taco Tuesday” was trademarked but got a laugh out of the situation. He didn’t intend to push back, he said.
But one industry observer has some advice for Taco John’s: “No te hagas,” which translates from Spanish as “don’t put on airs” or “don’t be haughty.”
“For them to trademark ‘Taco Tuesday’ I find to be a culinary sin. For them to go after people who use the term ‘Taco Tuesday’ is an abomination,” said Gustavo Arellano, a Los Angeles Times features writer and author of “Taco USA: How Mexican Food Conquered America.”
Meanwhile, Nena Hermosillo, owner of the “La Barata” taco truck unaffiliated with the brewery, has paid little mind. She wasn’t even involved in the “Taco Tuesday” promotion.
Serving good food made with fresh ingredients, and serving people well, is more important than any trademark, she said.
“What is interesting is, how is your food, how is your presentation?” Hermosillo said.
Anyway, she said, people like her tacos, but her Mexican hamburgers are the best around.


DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

Fresno County Lifts Evacuation Order for Max Fire Near Pine Flat Lake

DON'T MISS

Newsom Calls Trump a ‘Son of a B***h’ Over ICE Raids and Guard Deployment

DON'T MISS

Governors Should Be the Face of the Democratic Party

DON'T MISS

Valley Crime Stoppers’ Most Wanted Person of the Day: Ryan Joseph Enos

DON'T MISS

A New Invader Threatens California Water Supplies. Can State Stop Its Spread? 

DON'T MISS

Trump Indicated to Republican Lawmakers He Will Fire Fed’s Powell, CBS Reports

DON'T MISS

Bahrain to Announce $17 Billion in US Deals During Trump Talks

DON'T MISS

Wall Street Steadies as Investors Assess Inflation Data, Earnings

DON'T MISS

Crush at Gaza Aid Site Kills at Least 20, GHF Blames Armed Agitators

DON'T MISS

Trump Administration Sued by US States for Cutting Disaster Prevention Grants

UP NEXT

Is US Democracy Threatened? Majority of Californians, Including Republicans, Say Yes

UP NEXT

US Senator Seeks Safety Reforms After Fatal Collision Between Army Helicopter, Regional Jet

UP NEXT

PBS and NPR Mount Last-Ditch Fight to Save Federal Funding

UP NEXT

Elmo’s X Account Gets Hacked, Posts Antisemitic and Racist Messages

UP NEXT

Fire at Boston-Area Senior Living Facility Kills at Least Nine

UP NEXT

Arizona Governor Wants Investigation of Federal Handling of Grand Canyon Fire

UP NEXT

Record Numbers of Americans Say Immigration Is Good for Country: Gallup Poll

UP NEXT

Skydance in Early Talks to Acquire The Free Press, NYT Reports

UP NEXT

State Department Starts Firing More Than 1,350 Workers

UP NEXT

Six Secret Service Agents Punished Over Trump Assassination Attempt

Valley Crime Stoppers’ Most Wanted Person of the Day: Ryan Joseph Enos

44 minutes ago

A New Invader Threatens California Water Supplies. Can State Stop Its Spread? 

1 hour ago

Trump Indicated to Republican Lawmakers He Will Fire Fed’s Powell, CBS Reports

1 hour ago

Bahrain to Announce $17 Billion in US Deals During Trump Talks

2 hours ago

Wall Street Steadies as Investors Assess Inflation Data, Earnings

2 hours ago

Crush at Gaza Aid Site Kills at Least 20, GHF Blames Armed Agitators

2 hours ago

Trump Administration Sued by US States for Cutting Disaster Prevention Grants

2 hours ago

Israel Strikes Damascus as Fighting Rages in Southern Syria

2 hours ago

Open Mic Contest Offers Fans a Chance to Perform at Outside Lands 2025

4 hours ago

So Your Doctor Is a DO. Does That Matter?

16 hours ago

Fresno County Lifts Evacuation Order for Max Fire Near Pine Flat Lake

Authorities have lifted the evacuation order for the Max Fire in Fresno County, though roadblocks remain in place as firefighting equipment ...

2 minutes ago

Fresno County officials have lifted the evacuation order for the Max Fire near Pine Flat Lake, though the 426-acre blaze remains just 20% contained. (CalFire)
2 minutes ago

Fresno County Lifts Evacuation Order for Max Fire Near Pine Flat Lake

California Governor Gavin Newsom gestures while speaking, as he announces the Golden State Literacy Plan and deployment of literacy coaches statewide, at the Clinton Elementary School in Compton, California, U.S. June 5, 2025. REUTERS/Daniel Cole/File Photo
25 minutes ago

Newsom Calls Trump a ‘Son of a B***h’ Over ICE Raids and Guard Deployment

Portrait of Kansas Gov. Laura Kelly
38 minutes ago

Governors Should Be the Face of the Democratic Party

Ryan Joseph Enos is Valley Crime Stoppers' Most Wanted Person of the Day for July 16, 2025. (Valley Crimes Stoppers)
44 minutes ago

Valley Crime Stoppers’ Most Wanted Person of the Day: Ryan Joseph Enos

Belgian Malinois Checks for Invasive Species in California Waters
1 hour ago

A New Invader Threatens California Water Supplies. Can State Stop Its Spread? 

Federal Reserve Chair Jerome Powell testifies before a House Financial Services Committee hearing on "The Semiannual Monetary Policy Report to the Congress," on Capitol Hill in Washington, D.C., U.S., June 24, 2025. (Reuters File)
1 hour ago

Trump Indicated to Republican Lawmakers He Will Fire Fed’s Powell, CBS Reports

Bahrain's Crown Prince Salman bin Hamad Al Khalifa attends the 2nd ASEAN-GCC Summit at the Kuala Lumpur Convention Centre in Kuala Lumpur, Malaysia, May 27, 2025. (Reuters File)
2 hours ago

Bahrain to Announce $17 Billion in US Deals During Trump Talks

Traders work on the floor at the New York Stock Exchange (NYSE) in New York City, U.S., July 15, 2025. (Reuters File)
2 hours ago

Wall Street Steadies as Investors Assess Inflation Data, Earnings

Help continue the work that gets you the news that matters most.

Search

Send this to a friend