Taco John's Has Already Clapped Back Over The 'Taco Tuesday' Debacle

Things are heating up in the war for "Taco Tuesday." While Americans can still express their right to indulge in its activities — namely, eating tacos on a particular day of the week — not all businesses can advertise using the "Taco Tuesday" phrase. Yesterday, it was announced that Taco Bell was fighting to free the "Taco Tuesday" trademark from the current copyright holders, who are already taking advantage of this publicity to push back.

The use of the phrase "Taco Tuesday" is currently limited to only two brands in the United States. Midwestern chain Taco John's holds the copyright in every state except New Jersey, which belongs to a restaurant called Gregory's. Side Chef claims that Taco John's has litigiously enforced its copyright by sending several cease and desist letters to small businesses over the years. Taco Bell now seeks to end this by filing a petition with the USPTO Trademark Trial and Appeal Board to cancel the use of this trademark so that it, and all other American businesses, can use the popular phrase in its advertising.

"Tacos have the unique ability to bring people together and bring joy to their lives on an otherwise mediocre day of the week. But since 1989, entities associated with Registrant have owned a federal trademark registration for "Taco Tuesday." Not cool," writes Taco Bell in its petition.

In response to Taco Bell's legal actions, Taco John's announced via press release that it's turning every day into Taco Tuesday. "We love celebrating Taco Tuesday with taco lovers everywhere, and we even want to offer a special invitation to fans of Taco Bell to liberate themselves by coming by to see how flavorful and bold tacos can be at Taco John's all month long," said Taco John's CEO Jim Creel.

The chain is now offering $2 for two tacos ordered through its mobile app, all day, every day until the end of May. In regard to the pending legal actions threatening its trademark status, Creel added, "No más, por favor!"

Taco John's claims to have owned the copyright since 1989, though Side Chef points out that this date differs in various claims over the years. It adds that Taco John's is by no means the phrase's originator. Taco deals on Tuesdays in the U.S. dates back to the 1930s.

This isn't the first fight over the trademark, either. According to the New York Times, NBA star Lebron James made a similar petition in 2019 to trademark "Taco Tuesday" for himself. The trademark was rejected due to the phrase's common usage. This offered protection for James to use the phrase in the future but also may have laid the groundwork to dismiss Taco John's copyright.