Who can say 'Taco Tuesday'? Restaurants battle over trademark of popular phrase

Even LeBron James was shut down when he tried to trademark the term back in 2019, officials say.

6abc Digital Staff Image
Wednesday, May 17, 2023
Who can say 'Taco Tuesday'? Restaurants battle over trademark of popular phrase

"Taco Tuesday" is a catchphrase many of us have heard and used before, but did we have the right to use it?

The popular phrase is sizzling in a legal battle over who actually owns the right to say it.

Even LeBron James was shut down when he tried to trademark the term back in 2019, officials say.

A patent office said it was too common of a saying to coin. And the king of fast tacos, Taco Bell, agrees.

The fast food chain filed a petition with attorneys, claiming that depriving anyone of saying "Taco Tuesday" is like depriving the world of sunshine.

The issue is this: A Wyoming-based taco restaurant has held a trademark for "Taco Tuesday" since 1989 in 49 states across the U.S.

In New Jersey, the one state not covered under the trademark, Gregory's Restaurant in Somers Point also claimed "Taco Tuesday" as its own.

Taco Bell is contesting that, officials say.

Legal experts say this could be a case of genericide, which is when a term becomes so generic, it loses its ability to become trademarked.

Examples would include the "escalator" and "aspirin."

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