With more than 400 locations in the US, Taco John's owned the Taco Tuesday trademark for 34 years. But when Taco Bell brought a lawsuit against the Wyoming-based Mexican chain, things started heating up.
"Mexicans [eat] tacos every single day of the week since time immemorial," says LA Times columnist and KCRW contributor Gustavo Arellano. In his research, he found that Mexican restaurants in Texas, Arizona, California, and the American Southwest have been offering tacos as a weekly special since the 1930s. "Something about the idea of eating tacos on a day of the week starting with the letter 'T' has piqued the interest of Mexicans and non-Mexicans alike," he says.
For decades, Taco John's has been infamous for sending cease and desist letters to other restaurants that used Taco Tuesday in their marketing. Many businesses have attempted to break the chain's grip on the phrase with no luck. In 2019, basketball superstar LeBron James tried — and failed — to trademark Taco Tuesday for himself. The U.S. Patent and Trademark Office denied him because, it asserted, Taco Tuesday is such "a commonplace term."
For years, Taco John's has waged a David-and-Goliath campaign to hold onto the phrase. The battle finally ended in July 2023, after Taco Bell filed a petition with the USPTO arguing that no one should have the rights to such a ubiquitous phrase. Facing a long legal battle against an opponent with very deep pockets, Taco John's backed off.
Now, businesses in 49 states are free to use Taco Tuesday in their marketing. You're out of luck in New Jersey, where one bar still has a trademark on the phrase.
In other news, Arellano announces the return of KCRW & Gustavo's Great Tortilla Tournament, coming to Smorgasburg LA on Sunday, October 8. Play along at home by filling out your Fantasía Bracket. The person who picks the most winners in our #TortillaTournament will receive a prize — a $200 gift card to Northgate Markets.