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Taco Bell is trying to get the US Patent and Trademark Office to liberate the ‘Taco Tuesday’ slogan, claiming that it should be free to be used by anyone who makes and sells tacos.

This would likely be the first time most people realise that Taco Tuesday was in fact not coined by Taco Bell, but rather by a smaller taco chain called Taco John’s, which trademarked the phrase over 34 years ago.

We can’t help but think Taco Bell would have fought a move to set ‘Taco Tuesday’ free if they were the ones who owned the trademark, but such is the duplicitousness of massive fast food chains. But back to the tacos.

Since Taco John’s owns the trademark, restaurants, and companies that use ‘Taco Tuesday’ in branding and advertising have to get permission.

The use of the phrase “potentially subjects Taco Bell and anyone else who wants to share tacos with the world to the possibility of legal action or angry letters if they say ‘Taco Tuesday’ without express permission from [Taco John’s] — simply for pursuing happiness on a Tuesday,” the filing said.

Taco Bell argues that nobody should have exclusive rights to a common phrase, even going as far as calling their trademark opposition an attempt to “remedy this injustice”.

“The slogan has become a cultural phenomenon with a long history of being used by individuals and companies other than the current owner of the trademark.”

Maggie Mettler, director of legal for Taco Bell’s parent company, Yum! Brands says “It’s a bold brand action that we hope others are willing to support.” Drama queens much, Taco Bell?

It may seem like the bigger taco merchants are taking the mickey with all this legal wrangling, but the company has emphasised that it’s dead serious about freeing the phrase. It might even win the case according to trademark lawyers who believe it has become a common phrase worldwide and belongs to everyone now.

So is ‘Just do it’, but you don’t see anyone suing Nike for their trademark rights, do you?

“Taco Twosday” was coined by a Taco John’s restaurant owner in the early 1980s to increase sales with a 99-cent deal for two tacos on its slowest day of the week – Tuesday. It worked, and sales turned around at the restaurant so much that the owner shared it with other franchisee owners.

Taco John’s formally trademarked the phrase in 1989, making it part of its marketing.

The smaller brand said it has not been contacted by Taco Bell, but thanked the company for reminding the world that “Taco Tuesday is best celebrated at Taco John’s – the trademark owner of Taco Tuesday.” In response to the filing, Taco John’s is now selling a “Taco Tuesday” deal of 2 tacos for $2 every day until May 31.

This feels like a storm in a taco shell to be honest.

[source:cnnbusiness]