Taco Bell wants to “liberate” the trademark 'Taco Tuesday' from Taco John's, so Taco Bell and other restaurants can freely promote the day without infringing on the trademark.
'Taco Tuesday' has become synonymous with American food culture in recent years, as many restaurants offer discounts and promotions in honor of the alliterative day.
But the much larger brand Taco Bell wants to “liberate” the trademark so it and other restaurants can freely promote the day without infringing on the trademark. Earlier this week, Taco Bell filed a petition with the U.S. Patent and Trademark Office to end Taco John’s trademark of the day. Shontavia Johnson, associate vice president for entrepreneurship and innovation at Clemson University, said cases like this are why she became a trademark lawyer. “At the heart of this dispute is free speech, First Amendment, the right for companies to use certain words and phrases,” Johnson said. “And while it seems a little silly for entrepreneurs, startups, and even large corporations, this has real implication change in terms of how the brand is valued.
“If you think about words that we all know, escalator, aspirin, yo-yo, those started out as trademarks too that now are owned by everyone because the companies and those brands got so big that people started using the phrase not in the trademark sense but just to refer to – in the escalator case, moving stairs or, with yo-yos, of little toys that go up and down,” Johnson said.
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