CNN Quotes Josh Gerben About the Ending of “Taco Tuesday” Trademark Battle

Taco John’s, which owned the trademark registration for “Taco Tuesday” in all states but New Jersey, has announced that it will be abandoning its registration. The restaurant chain explained that legal fees involved in fighting the Cancellation, initiated by Taco Bell, would be too expensive.

Taco John’s announced that instead of paying millions in defense of the trademark, it will instead be donating $40,000 to a non-profit, Children of Restaurant Employees.

CNN spoke about Taco John’s decision with trademark attorney Josh Gerben. 

“It’s not surprising, because the phrase became ubiquitous in the marketplace and any attempt to enforce the trademark registration would likely have failed in court,” Josh Gerben said.

“Therefore, the trademark registration had little, if any, value left at this point in time. If the case was litigated to the end, Taco John’s could have suffered a significant public-relations loss. By bowing out of the court fight at this point, given the low probability of winning, Taco John’s can work to control the court of public opinion around the issue.”

Source: Valinsky, Jordan. https://www.cnn.com. “The battle for the ‘Taco Tuesday’ trademark is over”. 18 July 2023.