Taco Tuesday No More

Now that we're past all the insanity about not being able to say "Super Bowl" because it's trademarked, another legal fight threatens.

Not unlike taco joints and restaurants all over the nation, The Old Fashioned (one of my faves in Downtown Madison) has run specials on tacos every Tuesday for years. Except, the eatery is being forced to discontinue calling them "Taco Tuesdays" because, as it turns out, the Taco John's chain trademarked the phrase in the '80s. And, TJ's lawyers have slapped the Old Fashioned with a cease and desist order.

Really? I love Taco John's...but, not for their tacos. It's their Potato Oles I crave.

But, this attack on independent restaurants is kind of a cred killer. Screw with Taco Bell if they traverse into your trademark space. But the Old Fashioned?

And, I can't find a reference to "Taco Tuesdays" anywhere on Taco John's website. If it's so freakin' important to the brand, don'tcha think it might be referenced somewhere?

But, here's where I love the story. Mess with the Old Fashioned and they'll turn it to their advantage. They are offering free tacos for a year to the winner of a contest to rename Taco Tuesdays. They're gaining sensational (and free) media attention as the picked upon underdog. Consumers now know that the Old Fashioned serves tacos on Tuesdays (I'm a fan and I didn't know that). And Taco John's looks like a big corporate asshole (not a good thing to be in Madison).

My favorite renaming suggestion to win (and continue the story for months, if not years, to come): "Cease-and Desist Taco Night." A cool second: "Trademark Tyrant Taco Day."

I think I'll forgo my Potato Ole addiction tomorrow and hit the Old Fashioned.

Comments

[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.

[Jim]

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.