Los Angeles Lakers star LeBron James has three championships, three Finals MVP awards, four MVP awards and 14 All-Star appearances, but he wants more.
Specifically, he wants the rights to the phrase “Taco Tuesday.”
Before you say, "No one can trademark such a common phrase," you should know that Wyoming-based Taco John's has owned the rights to the phrase since 1989 and is the only one who can use it in 49 of the 50 states (a statewide trademark on the slogan already existed in New Jersey).
That's right — "Taco Tuesday" is a registered trademark. And Taco John's defends its right to solely use the phrase, issuing cease-and-desist letters across the country.
» Company stirs debate with defense of Taco Tuesday trademark
But there’s a potential for that to change, thanks to James.
On Aug. 15, James filed an application with the U.S. Patent and Trademark Office to trademark "Taco Tuesday" for "advertising and marketing services," "podcasting services" and "online entertainment services," Gustavo Arellano of the Los Angeles Times wrote.
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Arellano said the application could be related to James’ weekly video of himself and his family eating tacos every Tuesday.
Regardless of why he’s seeking to own the phrase, Arellano wrote, James has “inadvertently walked into an opportunity to do good.”
Since Taco John’s will likely fight James’ application, the NBA star’s challenge could force the patent office to declare the phrase untrademarkable, considering how common it is now.
Legal experts told Business Insider the term has become so widespread — known as "genericide" — it could be difficult to defend it in court. That's already happened with "escalator" and "nylon," according to Business Insider.
Trademark battles can last for years, however, so be careful before you run that “Taco Tuesday” promotion. You might get a letter from Taco John’s.
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