(NewsNation) — A New Jersey restaurant is fighting what it calls a “David and Goliath” battle over the trademark for Taco Tuesday.
Gregory Gregory owns Gregory’s Restaurant in New Jersey. He said he started Taco Tuesday in 1979 and trademarked the phrase a few years later. But now he’s in a battle with national chain Taco Bell over the trademark.
Gregory got the idea after trying tacos elsewhere, though he wasn’t immediately a fan.
“We Americanized it,” he said of the restaurant’s taco recipe.
Gregory’s began selling three-for-a-dollar tacos on Tuesdays and Thursdays, though they did eventually have to raise prices. Now, tacos are two for $2.50.
Gregory isn’t the only one to have faced a challenge from Taco Bell. Fast-food chain Taco John’s, which held the trademark for Taco Bell in the other 49 states, recently gave up its fight for the phrase.
Taco Bell is arguing that the phrase is generic and should be able to be used by any restaurant. It’s asking the U.S. Patent Office to cancel the trademark on the phrase.
Taco John’s bowed out of the fight primarily due to financial reasons, estimating it would take $1 million to fight for the trademark. Instead, the chain opted to make a less expensive donation of $40,000 to a charity that helps food service employees experiencing financial hardship.
That leaves Gregory’s the lone holdout against Taco Bell. The restaurant doesn’t have the same financial power as the chain, but Gregory hopes they can prevail against the larger company.
