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February 03, 2014


Mark Weg

what will be trademarked next? "Have a Nice Day!"? "How're YOU doing?"? Taco John's in Bradley , IL will NEVER see me darken their doorway again...

Bill Geist

I was such a regular at that store...back in the day. What a flashback.


Here is the thing...the courts have established that if a company wants to protect its trademark it has to do it aggressively or else risking it becoming part of the public domain. Today it is a small independent, but what if tomorrow McDonald's wants to use Taco Tuesday. If Taco John's does not defend it against the small independent the courts will likely rule that they have allowed it to enter the public domain.
To put it in a tourism light, the state of NY is deprived of millions in licensing fees each year because of the rampant trademark infringement of the I Love NY logo. They have a hard time prevailing in court because of years of not being aggressive in defending their trademark.

Bill Geist

Great point, Jim. Just unfortunate for the little guys that have to deal with this. That said, The Old Fashioned is handling it perfectly.

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