Earlier this year, Taco Bell sought to Cancel the trademark registrations for “Taco Tuesday,” stating that everyone should be able to use the phrase. Taco John’s, which owned the mark in 49 states, gave up its rights soon after. The holdout, Gregory’s Restaurant and Bar, which held the rights to the phrase in New Jersey, has decided to also forfeit its rights to the trademark.
Josh Gerben spoke with CNN about why Gregory’s Restaurant and Bar ended up forfeiting its ownership rights of the “Taco Tuesday” trademark.
Forfeiting the trademark was the “right move,” according to trademark attorney Josh Gerben, who is not involved in the case. He told CNN that Gregory’s legal fees would’ve been “extreme burden to bear for any small business,” estimating it to be at least $100,000.
“In this case, the writing was on the wall,” Gerben said. “The chances that the Gregory’s could have successfully defended the cancellation action against the ‘Taco Tuesday’ mark were extremely low. Therefore, I am not surprised that the Gregory’s waived the white flag and surrendered its trademark registration.”
Source: Valinsky, Jordan. https://www.cnn.com. “Taco Bell’s battle to free the ‘Taco Tuesday’ trademark is officially over”. 24 October 2023.