"Taco Tuesday" may well be a familiar term for a theme night at home, but as restaurants in the US have learned, it's also a trademark.
Taco John's based in Cheyenne, Wyoming, with nearly 400 locations in 23 states, but none in California, characterizes "Taco Tuesday" 30 years ago and since then, offenders have experienced a delay in much of the country.
A recent example provokes a debate that is close to one another for the fast food chain.
Taco John's was sent last month A warning to a brewery that is five blocks from her national headquarters because she uses the term to advertise for a taco truck once a week ago their facility is parked.
"We undoubtedly appreciate the enthusiasm of our fellow citizens for tacos on Tuesday, and the designation is often inadvertently used," Read the letter to "Sir or Madam" of Freedom's Edge Brewing Co. "It's us however, it remains extremely important to protect our rights to this brand. "
Freedom's Edge submitted the matter to Facebook, and the comments went in.
" We have nothing against Taco Johns, however we find it strange that a person in their corporate office decides to bring an injunction to a brewer that sells or profits nothing from the sale of tacos. " Brewery wrote.
Some people joined the defense of the chain, pointing out that Taco John started out 50 years ago as a modest grocer and legitimately secured the trademark, while others said it was time for Taco John to improve.
"I have a few good words for a corporate enterprise that violates local small businesses trying to stay afloat. LONG LIVE #nottacotuesday, "wrote a Cheyenne resident, Jackie Suntrup.
Taco John's returned no comments, but former chief marketing director Billie Jo Maara dubbed the term part of the company's "DNA" in a 2016 TEDx talk on "Taco Tuesday."
"I know we've been seen as a tyrant, a corporate giant that protects this brand, but in fact, it's us protecting the little guy," Maara told the audience. "Great ideas can come from the most unexpected places, and if they do, we should protect them."
Taco John's is not the only company that For the defense of a brand against noticed is a small business. Starbucks hit the headlines as he pursued a Texas bar owner who created a "Star Bock" beer. And Gerber is known for protecting his Rompers brand from mom and pop hobbyists designing and selling one-piece baby outfits online.
When it comes to "Taco Tuesday," a legal expert doubted that Taco John's it does much of a case.
Like "Raisin Branches", "Escalators", "Nylon" and other formerly trademarked products, "Taco Tuesday" has suffered from "Generic" – it has become too well known to continue to be identified with a particular company, he said Seattle-based attorney Michael Atkins. The term even played a significant role in "The Lego Movie", a children's film from 2014 based on popular plastic toys.
"For me, it's pretty stupid that a particular taco seller or taco maker would have the monopoly rights over" Taco Tuesday, "Atkins said. "It has become such a popular phrase that it no longer refers to Taco Johns, so Taco does not have the right to tell anyone to stop." , "Mildly spiced roasted potato nuggets called" Potato Oles "- dipped in salsa or nacho cheese or wrapped in a burrito – are a trademark of Twosday" to promote two tacos for 99 cents in the early 1980s. The trademark applies in all states except New Jersey, where another restaurant had already been given the right to "Taco Tuesday".
Taco Johns encountered a setback elsewhere. In 2014, a restaurant in Madison, Wisconsin responded with a contest to rename its taco Tuesdays. A woman who had come up with "Ole Tuesday" won the prize for a year of tacos.
Tim Moore, co-owner of Freedom's Edge Brewery, said he has no idea that "Taco Tuesday" is a trademark, but got a laugh about the situation. He did not want to push back, he said.
But an industry observer has some advice for Taco John: "No te hagas," which translates from Spanish as "do not breathe" or "do not do", be haughty. "
" It is a culinary sin for them to mark Taco Tuesday. For them, it's an abomination to seek out people using the term "Taco Tuesday," says Gustavo Arellano, author and author of "Taco USA: How Mexican Food Conquers America."
Meanwhile, Nena Hermosillo, the owner of Taco -Trucks "La Barata", who is not affiliated with the brewery, did not even think about it, she was not even involved in the "Taco Tuesday" campaign.
Serve good food with fresh ingredients and serve people well, is more important than any brand, she said.
"What's interesting is, how's your food, what's your presentation?" Hermosillo asked. Anyway, people like their tacos, but their Mexican hamburgers are the best in the area.