How Did Taco Tuesday Become Mainstream?

Do you say facial tissue or Kleenex?

Do you make a copy or instead Xerox something?

Do you use lip balm or ChapStick?

Do you apply an adhesive to a wound or a BandAid?

Known as genericization, these are examples of brand names that have become generic words for the products they represent.  And in some cases, it can result in a company losing its trademark.

Which is what happened to the phrase Taco Tuesday, copyrighted and protected by Taco John’s.

Mexican fast-food giant Taco Bell filed legal petitions a couple months ago, attempting to cancel the trademark that Taco John’s has held since 1989. Claiming that the trademark restricted other restaurants from using the phrase and that the phrase had become a part of everyday conversation, it therefore belongs to anyone who makes or eats tacos.

Rather than spend hundreds of thousands of dollars fighting it, Taco John’s has abandoned its trademark registration and instead is using some of that money in support of a nonprofit organization.

Is this just an example of corporate bullying? Should Taco John’s have fought harder?

Businesses have to weigh the costs of protecting their creatives. In the case of Taco John’s, the genericization of Taco Tuesday was not worth it.

Is “have it your way” next?