“Taco Tuesday,” the beloved weekly holiday, is apparently not supposed to be as widely celebrated as it currently is. In 49 states, the phrase “Taco Tuesday” is actually a trademark owned by a Wyoming-based taco chain, Taco John’s.[1] According to “Taco John’s lore,” a franchisee in Minnesota invented the term in the early 1980s, when he began offering two tacos for 99 cents in an effort to boost sales on a slow day.[2] Then, in 1989, the United States Patent and Trademark Office granted Taco John’s application to trademark “Taco Tuesday.”[3]
Ever since, Taco John’s has notoriously and shamelessly protected the trademark, regularly sending cease and desist letters to restaurants around the country that try to partake in the early-week festivities.[4] Although this may explain why major chains such as Taco Bell and Jack in the Box do not offer any “Taco Tuesday” promotions[5], many disagree with Taco John’s actions, labeling them as “trademark bullying.”[6] In fact, when a Wisconsin restaurant agreed to change the name of its “Taco Tuesday” special, fans on the restaurant’s Facebook page suggested the name be changed to, among other suggestions, “Cease-and-Desist Taco Special,” “Trademark Tyrant Taco Day!” and “The Tuesday Special That Shall Not Be Named.”[7]
Even amidst this backlash, Taco John’s claims it would be “unfathomable to [them] to not protect it.”[8] This is understandable, considering if the chain does not continue to try to protect the trademark, the trademark will become “generic” and thus part of the public domain.[9] Some may argue that Taco John’s is already losing the battle, as the phrase is becoming more widespread and less attributable to Taco John’s[10]; even in 1997, a waitress at one of the restaurants that previously defended a “Taco Tuesday” lawsuit from Taco John’s said, in regards to the litigation, “Give me a break. Everybody has Taco Tuesdays.”[11] However, Taco John’s does not seem particularly discouraged, stating that they “understand that it’s prolific and shareable. But that’s why it’s great.”[12]