Taco Bell wins Taco Tuesday trademark fight as New Jersey bar concedes

The salsa-spicy battle over the phrase “Taco Tuesday” ended this week, freeing anyone, anywhere to use it without running afoul of the law. A bar on the Jersey Shore that had held the exclusive rights to it in the state relinquished its hold on Tuesday after facing the prospect of an expensive and potentially unsuccessful legal battle with fast food giant Taco Bell.

The owners of Gregory’s Restaurant & Bar in Somers Point, New Jersey, had cast the dispute as a David-vs.-Goliath scenario. But unlike in the biblical tale, this time the little guy didn’t prevail. “For Gregory’s Restaurant & Bar, Taco Tuesday brought a lot of pride over the last 40 years,” co-owner Gregory Gregory said in a statement to the Washington Post. “Relinquishing the trademark doesn’t change that, but it does allow others in New Jersey the same opportunity to build their own traditions and help spread Taco Tuesday throughout New Jersey.”

Gregory’s was a holdout. Another taco chain, Taco John’s, in July gave up its trademark on the phrase – which it held in every other state – in the face of Taco Bell’s challenge, saying it wasn’t worth the cost to fight it.

Taco Bell celebrated the move, hailing it in a news release as ushering in a “new era” where restaurants everywhere could celebrate the weekday with taco promotions.

“Thanks to Gregory’s choice to relinquish the trademark registration, New Jersey businesses and fans can fully enjoy Taco Tuesday, effective immediately,” Sean Tresvant, Taco Bell chief global brand and strategy officer and incoming chief executive officer, said in a statement.

In fact, plenty of other restaurants and cafeterias often did advertise “Taco Tuesday” offerings, but the holders of the trademark technically could have enforced it. Taco Bell argued in its filing with the U.S. Patent and Trademark Office that the phrase had become ubiquitous and therefore ineligible for legal protection. It noted that terms such as escalator, aspirin and yo-yo became so common that their trademarks were canceled.

Gregory’s began offering its Taco Tuesday specials in 1979, at a time when Tex-Mex food was unfamiliar to many Garden State residents. The bar secured a trademark in 1982, only to almost lose its rights entirely in 1989, after failing to renew it in time. Meanwhile, Taco John’s moved in and secured the mark, but the bar and the chain eventually came to an agreement that allowed Gregory’s to keep its rights in New Jersey, while Taco John’s kept ownership in the 49 other states.

Despite surrendering the trademark, Gregory’s isn’t giving up its decades-long tradition. Patrons will still be able to order the weekly special: two hard-shell ground beef tacos with taco seasoning, lettuce, tomatoes and shredded cheddar cheese, served in a red basket, for $3.50. In Taco Bell’s news release, Gregory Gregory made a pledge: “You can bet Taco Tuesdays will live on at Gregory’s forever.”