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The salsa-spiced battle over the phrase “Taco Tuesday” ended this week, allowing anyone to use it anywhere, anywhere without breaking the law. A Jersey Shore bar that owned exclusive rights to it in the state relinquished its control Tuesday after threatening 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 portrayed the dispute as a David versus Goliath scenario. But unlike in the biblical story, this time the little guy didn’t prevail. “For Gregory’s Restaurant & Bar, Taco Tuesday has inspired much pride over the past 40 years,” co-owner Gregory Gregory said in a statement to The Washington Post. “Debranding doesn’t change that, but it does give others in New Jersey the same opportunity to build their own traditions and help spread Taco Tuesday throughout New Jersey.”
Gregory’s had held back. Another taco chain, Taco John’s, in July, faced with challenge from Taco Bell, gave up its trademark for that phrase, which it owned in every other state, saying it wasn’t worth the price of fighting it.
Taco Bell celebrated the move, hailing it in a press release as the start of a “new era” in which restaurants everywhere could celebrate the weekday with taco promotions.
“Thanks to Gregory’s decision to forego trademark registration, New Jersey businesses and fans can now fully enjoy Taco Tuesday,” Sean Tresvant, chief global brand and strategy officer and new chief executive officer of Taco Bell, said in a statement Explanation.
In fact, many other restaurants and cafeterias have often advertised “Taco Tuesday” deals, but the brand owners could have technically enforced this. Taco Bell argued in its filing with the U.S. Patent and Trademark Office that the term has become ubiquitous and therefore no longer has legal protection. It was noted that terms such as escalator, aspirin and yo-yo became so common that their trademarks were deleted.
Gregory’s began offering its Taco Tuesday specials in 1979, at a time when Tex-Mex food was unknown to many Garden State residents. The bar secured a trademark in 1982, but lost almost all of its rights in 1989 after failing to renew it in a timely manner. Meanwhile, Taco John’s moved in and secured the trademark, but the bar and chain eventually came to an agreement that allowed Gregory’s to retain its rights in New Jersey while Taco John’s retained ownership in the 49 other states.
Despite abandoning the brand, Gregory’s is not giving up on its decades-long tradition. Customers can still 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 press release, Gregory Gregory made a promise: “You can bet that Taco Tuesdays at Gregory’s will live on forever.”