The next step in the legal process is the discovery portion and a likely move by Taco Bell to “conduct a survey to determine what portion of the American public associated Taco Tuesday” with either Taco John’s or Gregory Hotel, the trademark’s owner in New Jersey, “versus the phrase being a more of a general custom associated with eating tacos on Tuesdays,” he said. The case, according to trademark attorney Josh Gerben, now “gets real” after Taco Bell “scored an early press relations victory by the well-coordinated roll-out of the cancellation actions,” he told CNN. In response, Taco John’s said it “has the right to enforce its trademark rights against infringers and those who want to infringe, including Taco Bell,” adding that it “denies that enforcing its trademark rights against infringers who seek to profit from the goodwill that Spicy Seasonings and its licensees … have created over the last forty-four years violates any American ideal.” The use of the phrase “potentially subjects Taco Bell and anyone else who wants to share tacos with the world to the possibility of legal action or angry letters if they say ‘Taco Tuesday’ without express permission from - simply for pursuing happiness on a Tuesday,” the original filing said. Taco Bell is fighting to cancel the 'Taco Tuesday' trademark John Tlumacki/The Boston Globe/Getty Images Tacos are made to order at the Taco Bell Cantina in Brookline, MA on Dec.
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