Liberate TACO TUESDAY! Who Owns It Anyway?
Given the heavy national and international news of the day, the trademark wars shouldn't get as much media attention as the recent TACO TUESDAY trademark dispute. But it was done. If you haven't heard, Taco Bell, LeBron James and several restaurant companies are fighting over ownership of the TACO brand on TUESDAY. The trademark owners claim they have exclusive rights to the restaurant's terms of service, while Taco Bell and LeBron James are making every effort, including television commercials, to clear and clarify existing TACO TUESDAY Patent and Trademark Office registrations in the United States United. which is just a generic term that anyone can use. So here are the fighters.
Here's how it works. Taco John's trademarked TACO TUESDAY for restaurant services in December 1989 and claims the first commercial use of the term in 1979. Gregory's Restaurant & Bar acquired the trademark rights for the same services in 2007 and also claimed the first use in February 1979, limited to New Jersey, where Taco John's does not operate. This restriction was achieved through the "concurrent use process," a Trademark Trial and Appeal Board (TTAB) process by which one party voluntarily limits the geographic scope of its use while retaining rights. can be handed over to another. party". other party in a geographical area". This sets the scene. Against this background, the use of "Taco Tuesday" is gaining great popularity among the public. Wikipedia provides the following definition, but the identity of the article's author remains unclear (Taco Bell).
Taco Marta is a tradition in many American cities that features tacos or, in some cases, a variety of Mexican dishes usually served in a tortilla on Tuesday nights. Restaurants often offer specials, such as "$1 fish tacos every Tuesday night."
It is popular in many major cities across the country and is especially popular in Southern California beach towns. Taco Tuesday is similar to Happy Hour in that restaurants vary in attendance numbers, hours of operation, and specials.
Meanwhile, LeBron James filed a trademark application for TACO TUESDAY in 2019 for various goods and services, including downloadable works, advertising and marketing services, podcasting services, and online entertainment services. The application was denied for several reasons, including the possibility of confusion with the registered trademark TECHNO TACO TUESDAY, owned by a Nevada advertising and marketing services company. James's question says nothing about restaurant services. James filed his trademark application in March 2020.
Now the fun begins! In May 2023, Taco Bell filed a lawsuit to have Taco John's TACO TUESDAY deregistered, claiming that the brand had gone generic. We've written a lot about common "brands" over the years.
This occurs when a trademark owner fails to protect the use of their trademark by reminding the public that a trademark is always an adjective that describes only one type of product or service offered in general. The famous case of the generic drug Bayer Co. P. It was the case of the United Drug Co. in 1921 where Bayer lost the brand name for aspirin. (Judge Learned Hand ruled that "aspirin" became generic for acetylsalicylic acid and could be used by any drug maker.)
That same month, Taco Bell filed another annulment lawsuit against Gregory's Restaurant & Bar, citing the same grounds as Taco John's TACO TUESDAY. The tone of Taco Bell's cancellation requests is mild (why?). On the one hand, Taco Bell seems to enjoy its fight against Wyoming and New Jersey businesses, even hiring LeBron James, who unsuccessfully attempted to tape TACO TUESDAY, to produce a brilliant TV spot;
Hmmm, Taco Bell dedicates its resources to the greater good. Or does he want TACO TUESDAY for his food services, even though he claims the brand is generic? In its petition, Taco Bell argues;
G. Taco Bell supports everyone's right to celebrate and say Taco Tuesday, regardless of who they are. How can we say "Live Mas" to our fans when their favorite taco can't freely say "Taco Tuesday"? All others are less.
How selfless. Sarcasm aside, whether Taco Bell does that is up to the TTAB deciding whether TACO TUESDAY has gone generic. We will keep you updated.
- Adam G. Garson, Esq.
Free Post TACO TUESDAY! Who owns it anyway? first appeared in Adam G. Garson, Esq. |: Lipton, Weinberger and Husick.
