This week, fast-food restaurant Taco John’s abandoned its fight over the expression “Taco Tuesday.”
The long-running feud with rival Taco Bell, which has nearly 700 locations in Texas, was over whether the phrase should be protected by trademark.
Taco John’s, headquartered in Cheyenne, Wyoming, with no locations in the Lone Star State, ended the claim in a filing on Tuesday with the U.S. Patent and Trademark Office.
CEO Jim Creel said in a statement the cost to continue defending “Taco Tuesday” was too high.
“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,” Creel said. “As we’ve said before, we’re lovers, not fighters, at Taco John’s.”
Creel told The Wall Street Journal that Taco John’s will donate $40,000 to Children of Restaurant Employees, a nonprofit group. He said he hoped Taco Bell would consider a donation as well.
Taco Bell filed a petition with the trademark office in May to cancel the trademark, which was held by Taco John’s in every state except New Jersey. Gregory’s Restaurant & Bar in Somers Point owns the rights in the Garden State.
Taco Bell used the push as part of a marketing campaign, saying it wanted “liberate the phrase for restaurants nationwide.” The restaurant chain enlisted NBA All-Star LeBron for television commercials during the tussle.
“Taco Bell is not trying to take over the trademark. Quite the opposite — Taco Bell is trying to get rid of the trademark registrations,” the fast-food restaurant said on its website. “Taco Bell believes that all across the nation should be able to celebrate Taco Tuesday, without fear of consequences. This is why Taco Bell has sought to cancel the trademark registrations and free Taco Tuesday for all.”
Creel told The Wall Street Journal it was tough to abandon the trademark.
“It’s a sad day for us and our franchisees and a lot of our customers,” Creel told the newspaper. “But at the same time, we will still have Taco Tuesday, and others will have Taco Tuesday as well.”
The restaurant owner in New Jersey said he would continue to fight for the expression.
“We’re hanging in there. We’re sticking by our guns,” Gregory’s Restaurant & Bar attorney Stephen Altamuro said, per the Associated Press.
