Every Tuesday, in every part of the United States, restaurants that sell tacos use the phrase “Taco Tuesday” to advertise any specials of the yummy Mexican delicacy.
But did you know that it is copyrighted?
That is right. Taco Tuesday is owned by a small franchise in Wyoming called Taco John. It has patents in 49 states (except for New Jersey, where Gregory’s Restaurant and Tavern owns “Taco Tuesday”).
This is causing a stir in the restaurant business world, especially in the Mexican fast-food chain Taco Bell, which petitioned in May 2023 to remove Taco Tuesday’s legal trademark.
Taco Bell is arguing that it is a very common phrase that needs to be free of copyright and not trademarked.
The famous and drama-causing phrase was originally Taco Twosday because it was created in Minnesota by David Olsen to bring in more consumers on a very slow day in Taco John. Years went by, and the entire Taco John company was using Taco Tuesday (it later morphed from Twosday to Tuesday). In 1989, the phrase was trademarked.
Taco Tuesday has been a promotional tool in so many restaurants apart from Taco Bell that you would think it is just a public phrase that anybody can use. But you need permission from Taco John to use it now.
On several occasions, Taco John has had issues with other chains using the phrase and has obligated businesses to cease using it.
Taco Bell is fighting for the phrase to be liberated. Not for their benefit but because it is a phrase that anybody should have the liberty to use.
Lebron James, the NBA star basketball legend, wanted to trademark Taco Tuesday for his benefit but failed in 2019. James is now joining Taco Bell in the motion that if he can’t have it, then nobody should either.
Taco John holds a strong opinion on keeping the trademark for their benefit.
There are several opinions from the legal side regarding how strong a case Taco Bell has. We will just have to wait and see the turnout of this petition.
Meanwhile, if you see fewer and fewer advertisements on Taco Tuesday, it is not because there are no more good taco deals. Mexican restaurants are just avoiding being sued and losing money.
Should Taco Tuesday be free?
We think so, especially since Taco Bell will not fight to own it. They just want it to be a free phrase anybody can use.
We wonder if Wine Wednesday is trademarked. If not, La Revista Binacional called it first.
