The battle for a New Jersey restaurant to defend their “Taco Tuesday” trademark just got a little more complicated.
Taco John’s, a Wyoming-based taco chain and owner of the “Taco Tuesday” trademark in the other 49 states, released a statement Tuesday that it will abandon its fight to retain the phrase, stating the 370-location chain does not wish to spend money on legal fees to defend the trademark.
In May, fast-food juggernaut Taco Bell filed a petition with the United States Patent and Trademark office to cancel the trademark, stating “Taco Tuesday” was a common phrase that “should be freely available to all who make, sell, eat and celebrate tacos.” Taco Bell has not issued a statement responding to Taco John’s decision.
That whittles the “Taco Tuesday” fight down to one New Jersey watering hole: Gregory’s Restaurant & Bar, a Somers Point institution since 1946 with one 199-seat location.
Gregory Gregory, a fourth-generation owner of the Jersey Shore landmark, said he and his family are not prepared to relinquish a name they’ve owned for more than 40 years.
“We are continuing the course to keep our Taco Tuesday trademark,” Gregory told NJ Advance Media Tuesday. “I always said it was a David vs. Goliath situation, and we just became even more of an underdog.”
When Taco Bell filed the papers with the patent office, the filing read “Taco Tuesday is critical to everyone’s Tuesday. To deprive anyone of saying Taco Tuesday — be it Taco Bell or anyone who provides tacos to the world — is like depriving the world of sunshine itself.”
NBA superstar and taco lover LeBron James joined Taco Bell in the public battle, including making commercials with the taco giant for a series of ads called “Taco Bleep.” James’ connection to Taco Tuesday began in 2019 when the Los Angeles Laker made an unsuccessful attempt to claim the trademark himself.
“We reached out to (James’) people back then,” Gregory told NJ Advance Media in May. “We would have been happy to sell it to him. But we never heard back.”
Gregory is taking a hard stance, saying that “Taco Tuesday” is crucial to his family business and has been since they debuted Taco Tuesday in 1978, trademarking the name in 1982.
“It is very important for us to have Taco Tuesday, and we have to defend it” Gregory said. “As far as the rest of the country, I am not worried about that. I am not expanding. I am just worried about my business, and it has nothing to do with fresh air and sunshine from Taco Bell and (James). I have to worry about my business and my family. We are willing to talk to anyone at this point to get this situation rectified.”
Gregory previously told NJ Advance Media he has received calls from lawyers who want to look at the case and may work pro bono to help the family business.
“Who knows what’s going on … is this big-time marketing or a bad idea to hurt a small family restaurant,” Gregory continued. “We just want to keep Taco Tuesday for New Jersey. We want to continue to do that. For us, it’s not about the tacos, it’s about the night itself.”
At one point, Gregory’s owned the “Taco Tuesday” trademark in all 50 states. But, in 1989, Gregory’s missed trademark deadlines and did not submit evidence the trademark was being used, resulting in Taco John’s — which was using the phrase “Taco Twosday” for several years prior — seizing the opportunity and being awarded the trademark.
Gregory’s settled the dispute by allowing Taco John’s to have the trademark for the rest of the country while retaining the trademark for New Jersey only.
Taco John’s decision Tuesday did not soften Gregory’s stance.
“What happened today actually strengthened my resolve because I think people will see we are doing the right thing, and hopefully the trademark court does the same,” he said. “It’s unsettling what happened today, and it definitely rocked our boat because it feels like everyone is against us at this point. But I don’t feel like I’m the bad guy holding out, and Taco John’s is the good guy for giving up. It’s a b.s. marketing thing from Taco Bell is what it is.”
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Scott Cronick may be reached at scronick@comcast.net.