Fight over 'Taco Tuesday' heats up in Taco John's hometown

In this Aug. 1, 2019 photo Nena Hermosillo stands outside her taco truck in Cheyenne, Wyo. Cheyenne-based Taco John's, which has nearly 400 locations in 23 states, recently sent Freedom's Edge Brewing Co. in Cheyenne a cease-and-desist letter for using "Taco Tuesday" to advertise the taco truck parked outside on Tuesdays. Taco John's has owned the trademark to "Taco Tuesday" since 1989 and calls the term part of its "DNA." Some say the term has become so common that Taco John's can't legitimately continue to claim it.

CHEYENNE, Wyo. (AP) — "Taco Tuesday" is a well-known term for a themed dinner night out or at home, but as many U.S. restaurants over the years have learned, it's trademarked.

Cheyenne, Wyoming-based Taco John's trademarked "Taco Tuesday" 30 years ago and has zinged cease-and-desist letters at offenders ever since.

Now, a recent example that hits close to home for the fast-food chain is stirring a debate. The company recently sent a warning letter to a brewery five blocks from its headquarters for advertising a taco truck that parks outside on Taco Tuesdays.

Some locals have rallied to the company's defense, saying it's well within its legal rights to defend the trademarked term. But one legal expert doubts Taco John's has a case.

Trademark attorney Michael Atkins says "Taco Tuesday" is used so often now, it no longer has a strong connection to Taco John's.

Copyright 2019 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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