Taco Tuesdays Showcases the Risk of Trademarks

TACO TUESDAYS: The story of a now-defunct trademark and the risk of trademarks becoming so general with time that they can no longer be protected.TACO TUESDAYS as a Registered TrademarkSince 1979, Taco John’s (a regional taco chain based in Wyoming) has used TACO TUESDAYS to promote their restaurant. In 1989, Taco John’s successfully registered the trademark TACO TUESDAYS for restaurant services outside of New Jersey, since a New Jersey restaurant, Gregory’s, had shown earlier use particular to that state. Indeed, Gregory’s was not the only business to use TACO TUESDAYS prior to Taco John’s, with other uses dating back decades, but none asserted a claim against Taco John’s use or registration.

Enforcement Efforts by Taco John’s Since registering the mark, Taco John’s has regularly sought to enforce it against other restaurants, a few apparel companies, and a dinnerware manufacturer that was using the mark in connection with a plate with divots for tacos. These…