T is for… Taco Tuesday! or, The Dubious Value of Trademarking
Contributed by Laura Rios
In October 1933, the White Star Cafeteria in the Saint Regis Hotel of El Paso, Texas launched a weeklong advertising campaign to announce that they would be offering “Mexican tacos” each Tuesday. The tacos were a terrific value, even during the Depression, at three for fifteen cents!
Photo source: THC Historic Resources Survey Collection provided by the Texas Historical Commission to The Portal to Texas History, digitally hosted by the UNT Libraries. Used with permission.
In the 1940’s, Albuquerque’s Zia Lounge gave away free tacos on Tuesdays. In 1965 a restaurant called La Cucaracha advertised tacos as their “Tuesday special”. (Let’s not debate the wisdom of eating anything – even tacos – from a greasy spoon named for a cockroach.)
During the next several decades, a number of restaurants across the nation began designating Tuesday as The Day for great deals on tacos. Maybe it was our growing love of Southwest cuisine. Possibly it was because we all love bargains. Or it might have been our love affair with alliteration. Whatever it was, having tacos on Tuesday became a thing.
The first use of the actual phrase “Taco Tuesday” is shrouded in mystery because restaurateurs disagree on that point. Gregory’s Restaurant and Bar in New Jersey holds the oldest trademark on those two words, dating back to 1979. But alas, they only trademarked Taco Tuesday in the state of New Jersey. Ten years went by before the government granted Wyoming-based Taco John’s the U.S. trademark for the phrase they “invented”; Taco Tuesday is still officially trademarked nationwide by Taco John’s.
Many times, Taco John’s has threatened legal action against smaller restaurants and bars that offer discounted tacos promoted by the phrase “Taco Tuesday” but to date, their cease-and-desist efforts haven’t been very effective at quashing the practice. Using those two words in tandem to advertise a special has become so commonplace that it is virtually impossible to legally regulate the use of it, even when a particular entity holds the lawful trademark.
So, is there any real value in trademarking? In the end, both the phrase and the tradition ensure that nearly ALL taco joints enjoy a brisk taco business on Tuesdays. To trademark or not to trademark? That is the question, but the answer is not clear.
If today happened to be a Tuesday, I would happily discuss this further over a couple of bargain tacos from virtually anywhere except a place named for cockroaches. But alas, it’s Saturday so maybe we’ll just grab a pizza.
Fascinating, Laura! I had no idea about any of this!
You’ve been educated now! Congratulations – you have completed all the requirements to graduate from Taco Tuesday U. Your diploma is (of course) a taco. 😊
Thanks Laura, very interesting. I had my first taco in Albuquerque, and it was tasty!