"Taco Tuesday" is a trademark of a Wyoming-based chain of locations in California

"Softshell tacos" from Taco John & # 39; s are shown in an image from the chain's website.
"Taco Tuesday" may be a familiar term for a theme dinner or at home, but as restaurants across the United States have learned, it's also a trademark.
Cheyenne, Wyoming-based Taco John & # 39; s – which has nearly 400 locations in 23 states, but none in California – put its legal stamp on "Taco Tuesday" 30 years ago and has since zinged up and down -desist letter from offenders far and wide.
Now is a recent example that touches on a debate that hits close to home for the fast food chain.
Taco Johns last month sent a warning to a brewery five blocks from the national headquarters to use the term to advertise a taco truck parking outside the establishment once a week.
"We absolutely appreciate that our fellow members are excited about the misery on Tuesdays, and the term is often used unintentionally," read the letter addressed to "Sir or Madam" on Freedom's Edge Brewing Co. "However, it is still extremely important for us to protect our rights in this brand."
Freedom & # 39; s Edge took the matter to Facebook, and the comments poured in.
"We have nothing against Taco Johns, but it seems strange that someone in the office would choose to quit and relinquish a brewery that not selling or making a sale of tacos, "the brewery wrote.
Some people met for the chain's defense, pointing out that Taco John's self started as a humble food trailer 50 years ago and legitimately secured the brand, while others said it was time for Taco John's .
“I have some choice words for a company that offends local small businesses trying to stay afloat. LONG LIVE #nottacotuesday, "wrote a Cheyenne resident, Jackie Suntrup.
Taco Johns did not return messages seeking comment, but former chief marketing officer Billie Jo Maara called the term part of the company's" DNA "in a 2016 TEDx conversation about "Taco Tuesday."
"I know we've been seen as a bully, a corporate giant protecting this brand, but it's really us protecting the little guy," Maara told the crowd. "Great ideas may come from the most unexpected places, and when they do, we should protect them. "
Taco Jo Hn's is not the only company that has drawn attention to defend a trademark against a small business. Starbucks was given headlines to go after a Texas bar owner who created a "Star Bock" beer. And Gerber has been known to guard his "onesie" brand against mom-and-pop artisans who design one-piece children's suits and sell them online.
As for "Taco Tuesday," a legal expert doubts that Taco John's has much of a case.
Like "raisin bran," "escalator," "nylon" and other former trademark products, "Taco Tuesday" has suffered from "generic" – it has become known to continue to be identified with a particular company, said attorney Michael Atkins from Seattle. The concept even got quite a significant appearance in "The Lego Movie," a 2014 children's movie based on the popular plastic toys.
"It's a bit asinine to me to think that a particular taco vendor, or tacos maker, would have monopoly rights over & # 39; Taco Tuesday & # 39 ;," Atkins said. "It has become such a common term that it is no longer points to Taco Johns and therefore, Taco Johns does not have the right to ask anyone to stop using it. "
Taco Johns offers American Mexican award advertised as" West-Mex. “Mildly spicy, fried potato nuggets called Potato Oles – dipped in salsa or nacho cheese or wrapped in a burrito – are a signature item.
The company trademarked "Taco Tuesday" in 1989, claiming a franchisee in Minnesota began using "Taco Twosday" to advertise two tacos for 99 cents in the early 1980s. The trademark applies in all states except New Jersey, where another restaurant had already secured the right to "Taco Tuesday."
Taco John's has experienced pushback elsewhere. In 2014, a Madison, Wisconsin, restaurant responded with a competition to rename Taco Tuesdays. A woman who came with "Ole Tuesday's" won the award for a year's supply of misery.
Co-owner of Freedom Edge Brewery, Tim Moore, said he had no idea that "Taco Tuesday" was a trademark, but got a laugh out of the situation. He had no intention of pushing back, he said.
But one industry observer has some advice for Taco Johns: "No te hagas," which is translated from Spanish as "don't look up to the air" or "don't be haughty. "
" For them to be branded & # 39; Taco Tuesday & # 39; I think it's a culinary sin. To follow people who use the phrase & # 39; Taco Tuesday & # 39; is a nonsense, & # 39; said Gustavo Arellano, a Los Angeles Times and author and author of "Taco USA: How Mexican Food Conquered America."
Meanwhile, Nena Hermosillo, owner of "La Barata" tacos without affiliation with the brewery, has little attention. She wasn't even involved in the "Taco Tuesday" campaign.
Serving good food made with fresh ingredients and serving people well is more important than any brand, she said.
"What's interesting is, how's your food, how's your presentation?" Hermosillo said.
Anyway, she said, people like her tacos, but her Mexican hamburgers are the best nearby.
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