![]() ![]() LeBron repeated the phrase Taco Tuesday a dozen times in the ad, and to show the restriction imposed by Taco John’s registration, Tuesday was bleeped out each time. The best part of this story is how Taco Bell turned the dispute into commercial promotion, engaging NBA star LeBron James to publicly call for the liberation of the phrase Taco Tuesday. Taco Bell claimed the term is generic and “anyone should be able to use it.” Taco John’s tossed in the towel, not wanting to spend the estimated $1 million it would cost to fight cancellation of its mark. A generic mark answers the question, “What is it?” Once it does, no amount of association with a single vender will make it protectable it is available for all sellers to use.Īll of this is illustrated by the Taco Tuesday war waged by Taco Bell against Taco John’s 1980’s federal registration. If it is generic, meaning the public understands it as referring to a genus of which the particular product is a species, it is not protected.Ī protectable mark can go generic and lose its protection. Think shredded wheat, or aspirin.Ī trademark’s primary significance to the relevant public is whether the mark is a designator of a single source of goods if it is, it is a trademark and can be protected against uses that are likely to cause confusion. Is Taco Tuesday a proprietary trademark, a designator of a single source of a product? Is it a generic term, available for use by all sellers of tacos to describe in terms generally known to the public that tacos are eaten or a good deal on Tuesdays? The question to chew on is what has the public come to understand Taco Tuesday to represent? A designator of source, or is it merely a declaration used by many that Tuesday is a day to eat tacos? Even if it began life as a designator of source, it can become generic through use. But trademark battles between two fast food chains aside, I thought more interesting was how Taco Bell turned the dispute into entertaining advertising that promoted its brand more than its product. Taco Bell’s recent fight with Taco John’s over Taco Tuesday® did so. ![]() Some fast food trademarks make me hungry. ![]()
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