More Taco Tuesday Trademark Stupidity, This Time Down Under

Trademark

from the trademark-tuesday dept

Some of us believe that all the different nations of the world are filled with people that are mostly the same, that share the same values, and the same troubles. If only we could find some unifying issue or force that could fully bring us together, then we could finally live in a kind of Lennon-esque harmony with one another. I submit to you that perhaps stupid trademark stories revolving around “Taco Tuesdays” could well be that thing. In America, for instance, a chain called Taco John’s has spent the past few years waving around the trademark the USPTO stupidly gave it on the both generic and descriptive term “Taco Tuesdays“, insisting that every other business that uses it stop immediately. How this mark was ever granted, given that it describes a good offered on the day it is offered — tacos on a tuesday — is a question that has kept me up many a night. Despite the trouble Taco John’s has caused with this, the trademark remains registered and in place.

And now it appears that Australia has its own version of this, featuring another company waving around another trademark for “Taco Tuesdays” that never should have been granted.

A stone’s throw into the city’s wild west sits Footscray’s Reverence Hotel, famed for its live music and cheap Tuesday tacos. After six years of dishing up the spicy fare, the landmark corner hotel is suddenly feeling the heat over a claim that it is infringing a trademark held by Mexican food chain Salsas Fresh Mex, which has outlets dotted across Melbourne including a site at Highpoint shopping centre. A letter from Salsas Holdings marketing manager Rebecca Woods to The Reverence Hotel demanded it stop using the phrase ”Taco Tuesday” on its website and social media accounts.

“We assume that you are unaware that Salsas is the owner of the registered trade mark TACO TUESDAY in respect to the provision of Mexican-style food and restaurant services,” it states. “The Mexican-style food offered by Salsas under that trademark has become extremely well and favourably known among members of the public in Australia, and as a result is associated with Salsas.”

I’m going to keep hammering on this until someone listens, because this trademark is not valid. Period. Paragraph. Full stop. It does not identify a source. The phrase itself is generic and common in both the restaurant industry the world over and even in homes around the world. Tuesday is for tacos and nothing about the phrase has anything to do with any individual person or business.

The folks at Footscray’s had this same reaction in the most punk venue way possible.

Publican Matt Bodiam said his first reaction on opening the letter on Wednesday was amusement, but he soon realised the potential seriousness.

“I had a bit of a giggle, then [thought] I better look into it,” he said. “I can’t believe someone can trademark ‘Taco Tuesday’; it would be like trademarking ‘Happy Hour’ or ‘Tight-Arse Tuesday’, although perhaps someone has trademarked those as well.”

Actually, the “happy hour” reference is only half right. In that phrase, we have an example of the generic language tons of businesses use. Taco Tuesdays is the same in that respect, except it’s also descriptive. This isn’t the protection of the consuming public, the very point of trademark law, but rather the locking up of language for commercial purposes. And it’s dumb.

But it also works. Salsas has enough of a legal warchest to make Footscray’s fighting the good fight on this an absurd notion. It is far easier and less expensive to simply cow to the demands of the trademark bully than putting up a fight in court. Trademark bullying, in other words, works. But perhaps not without giving creative punk venue owners the last laugh.

Mr Bodiam said The Reverence would continue selling tacos on Tuesdays, but the night is now listed on its site as “Taco Sueday”.

Bravo, sir.

Filed Under: australia, matt bodiam, taco sueday, taco tuesday, trademark