Jack in the Box is getting catty over Taco Bell’s petition to “free” the phrase Taco Tuesday, a phrase currently trademarked by Taco John’s. In a tweet posted by Jack in the Box, the fast-food chain claimed they’re trying to trademark the phrase Taco Tuesnight. Jack in the Box went so far as to repost an article calling their fast food rivals ‘bullies.’
Taco Bell’s argument makes sense, for the most part; “nobody should have exclusive rights in a common phrase.” It does beg the question of who is really bullying who?
Taco John’s originally coined the phrase Taco Twosday in the early 80s. It was later altered to Taco Tuesday in 1989. Taco John’s has issued a number of cease and desist orders to others who wish to use it. Taco Bell’s argument is that the phrase shouldn’t belong to anyone. It’s become a large part of common vernacular, outside of even food chains. It doesn’t seem to matter to Taco Bell that Taco John’s is a rival chain. They don’t intend to take the phrase for themselves, but to free it from the cage of Taco John’s.
Taco John’s Hardly Behaves As Bullied
Taco John’s current response is thanking Taco Bell for giving them more attention, and advertising a Taco Tuesday deal until May 31st. Clearly they aren’t the least bit worried Taco Bell will succeed. But they shouldn’t be too confident. According to trademark attorney Josh Gerben, Taco Bell has a stronger case than it might seem. US trademark law “prevents the registration of common phrases or phrases that become commonplace after a registration is granted.” As the term “taco Tuesday” has become exactly that — a common phrase — it may well be Taco Bell has ground to stand on.
Jack in the Box trying to trademark the phrase Taco Tuesnight probably won’t be as effective as they might think. The phrase hardly rolls off the tongue and, if we’re honest, is pretty unlikely to catch on. It will be protected by trademark from being used elsewhere. But given that no one will want to, it’s less likely to be a problem.
