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New Jersey Restaurant Relinquishes “Taco Tuesday” Trademark, Victory for Taco Bell

New York
CNN
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Taco Bell has emerged victorious in its battle over the exclusive use of the trademarked phrase “Taco Tuesday” in all 50 states. The only remaining holdout, Gregory’s Restaurant and Bar in New Jersey, has voluntarily given up its claim to the term, putting an end to Taco Bell’s months-long efforts to cancel the trademark. This notable achievement allows Taco Bell to freely use the phrase “Taco Tuesday” and prevents any legal repercussions for other restaurants wishing to adopt the same tradition.

Previously, the pursuit of canceling the trademark involved convincing Taco John’s, a smaller regional chain, to abandon its registration in the other 49 states due to the high legal fees associated with a battle against a larger rival. However, Gregory’s owners proved to be more resistant, expressing their dissatisfaction with Taco Bell’s conduct during an August taco giveaway. The recent decision to relinquish the trademark by Gregory’s Restaurant and Bar opens the door for others in New Jersey to establish their own Taco Tuesday traditions.

Taco Bell’s chief marketing officer, Taylor Montgomery, expressed satisfaction with the outcome, stating that the positive response received since taking action to free “Taco Tuesday” validates their belief in making it available to everyone. This achievement aligns with Taco Bell’s desire to create widespread celebrations around taco consumption and drive brand engagement.

According to co-owner Gregory Gregory, “Taco Tuesday” held great pride for Gregory’s Restaurant and Bar over the past four decades. While relinquishing the trademark registration does not diminish that pride, it provides an opportunity for others in New Jersey to establish their own traditions surrounding Taco Tuesday. Gregory’s Restaurant and Bar’s decision was greatly influenced by the financial burden it would have faced in defending the cancellation action, estimated to be at least $100,000.

Trademark attorney Josh Gerben, who was not involved in the case, supports Gregory’s decision to forfeit the trademark. Given the low likelihood of successfully defending the “Taco Tuesday” mark against Taco Bell, Gerben believed it was the right move to surrender the registration. By doing so, Gregory’s Restaurant and Bar avoided the immense legal expenses associated with the legal battle.

With Gregory’s surrender, Taco Bell has overcome the final obstacle in its legal fight to eliminate the trademark from its two holders. This outcome aligns with Taco Bell’s belief that the widely-used phrase “Taco Tuesday” should be accessible to all individuals or businesses involved in the making, selling, eating, and celebration of tacos. The removal of legalities surrounding the trademark ensures that restaurants can freely use the term without fear of legal repercussions.

During an earnings call in August, David Gibbs, the CEO of Yum Brands, Taco Bell’s parent company, highlighted the success of Taco Bell’s campaign to liberate “Taco Tuesday.” The campaign generated significant brand buzz and engagement, surpassing even the highly successful relaunch of the Mexican pizza from the previous year.

This legal victory adds to the positive performance of Taco Bell, with a 4% increase in sales at its US locations open for at least a year in the second quarter. To commemorate the surrender of its smaller competitors, Taco Bell will be offering free Doritos Locos Tacos to New Jersey members of its loyalty program on November 21, with no purchase necessary.

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