You may have seen recently that chain Taco Johns abandoned their fight to keep the phrase “Taco Tuesday” as their trademark.

This is a shared victory with taco allies everywhere. Taco John's decision to join the movement and liberate Taco Tuesday means countless businesses big and small, restaurants, and taco vendors can now embrace, celebrate and champion 'Taco Tuesdays' freely," Taco Bell CEO Mark King said in a statement.

According to a statement, Taco Johns decided it was too expensive to litigate.

You may have also thought that was the end of it. It’s not.

Jeswin Thomas via Unsplash
Jeswin Thomas via Unsplash

A restaurant in Somer’s Point, Gregory’s Restaurant and Bar, has used that phrase for years, going so far as to trademark it in 1982. After a missed deadline in 1989, Taco Johns snapped up the name; a negotiation resulted in Taco Johns having use of the phrase in 49 states, and Gregory’s retaining its protection in New Jersey.

Taco Bell has also come after Gregory’s to give up the trademark with litigation currently pending. Owner Gregory Gregory told NJ Advance Media that he has no plans to give up the fight just because Taco Johns did:

What happened today actually strengthened my resolve because I think people will see we are doing the right thing, and hopefully the trademark court does the same,” he said. “It’s unsettling what happened today, and it definitely rocked our boat because it feels like everyone is against us at this point. But I don’t feel like I’m the bad guy holding out, and Taco John’s is the good guy for giving up. It’s a b.s. marketing thing from Taco Bell is what it is.

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It is a real David vs. Goliath battle as a lone restauranteur in New Jersey battles an industry behemoth; according to CBS News, Taco Bell has over 400 corporately owned stores and over 6,600 franchised locations.

We’ll see if the scrappy New Jersey restaurant can prevail!

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