LeBron James files trademark request for "Taco Tuesday"

[PhilBlackson]

The clock is ticking on LeBron's career...

He's gotta now focus on going back to back and trademarking Hump Day and if he has it in him Throwback Thursday.

#eyesontheprize
#witness

[Hes_On_Fire]

Regardless of his original intent, whether it was to actually use Taco Tuesday as a marketing vehicle or not, LeBron wins this decision. When the Trademark Office decided that Taco Tuesday is a commonplace term, it set a precedent to protect LeBron from being sued by any business (or anyone, for that matter) trying to get money. Any chance of someone who sought an opportunity to extort him for use of a term now gets squashed.

Nobody was going to sue LeBron for saying Taco Tuesday because nobody is as dumb as LeBron to think it's not just a regular everyday term.

[michaelm]

Sure though I'll try not to get into the weeds too much. People think of a trademark as covering a word or phrase or logo, which is only partially correct. It covers a word or phrase or logo in connection with specific goods or services. So when you file a trademark application, you're not just saying I want a registration for the word X, but for the word X to be used on these goods and services.

The examiner refused the registration because the phrase Taco Tuesday is common place and cites to a bunch of internet advertisements to restaurants offering tacos for sale on Tuesday. Obviously no one could claim exclusive use of the phrase Taco Tuesday for selling tacos on Tuesday (for a myriad of legal reasons). But LBJ is seeking a registration for Taco Tuesday in connection with marketing services, which is completely different. What the examiner is really saying is that Taco Tuesday is a common phrase to describe or refer to marketing services, which I think is a facially ridiculous position.

The easiest example of the distinction is the word apple. No one could obtain a trademark for "apple" in connection with fruit because that is how everyone refers to it. Just like no one could claim exclusive right to the word pizza in connection with a baked pie with sauce and cheese. But that does not stop Apple, Inc. from owning hundreds of trademarks for "apple" in connection with computers, phones, and related goods and services because "apple" is in no way a common or generic way to refer to computer or phone.

Except Lebron isn't using "Taco Tuesday" different then how it used in public or marketing nor is he creating a company "Taco Tuesday" inc.

He is essentially trying to trade mark a commonly used phrase used for decades before he came along and say because he uses some voice inflection and makes a weird face that somehow makes it different.

The trademark office was right to slap his ass down.

That's actually exactly what he is saying. He applied for the mark for marketing services to use as the source of those services, either as a company name, a brand, a d/b/a, etc. Do you understand that if his registration is granted, every restaurant advertising a taco tuesday is still allowed to do that and not impacted in any way. All that it would prevent is someone else using Taco Tuesday as the source of a provider of marketing services.

It's not a good look to have such a strong opinion like the "trademark office was right to slap his ass down" when you don't really understand what you're talking about.

Except the trademark office would seem to actually agree with that opinion and to have given reasons for rejecting the application which accord with those argued by posters who considered the trademark application ridiculous. What would they know ?, of course.

[dickfox]

Frig off LeBron, Taco Tuesday has been around for millennia enjoyed by families everywhere.

You can't have everything

[niQ]

It's okay LeBron, you still have a chance at Taco Thursday.

#goforbroke

[AbeVigodaLive]

Personally, I think Chicken Empanada Friday Afternoon has a much better ring to it.

[halfHAVOC]

Any law student whose taken a basic copyright and trademark class could have told you that trademark application would be denied.

[BullyKing]

Except Lebron isn't using "Taco Tuesday" different then how it used in public or marketing nor is he creating a company "Taco Tuesday" inc.

He is essentially trying to trade mark a commonly used phrase used for decades before he came along and say because he uses some voice inflection and makes a weird face that somehow makes it different.

The trademark office was right to slap his ass down.

That's actually exactly what he is saying. He applied for the mark for marketing services to use as the source of those services, either as a company name, a brand, a d/b/a, etc. Do you understand that if his registration is granted, every restaurant advertising a taco tuesday is still allowed to do that and not impacted in any way. All that it would prevent is someone else using Taco Tuesday as the source of a provider of marketing services.

It's not a good look to have such a strong opinion like the "trademark office was right to slap his ass down" when you don't really understand what you're talking about.

That is not what the article claimed.

All of the articles including this one mentioned he wanted to use it in promotion material, social marketing, podcasts, etc. In other words he wanted to trademark the phrase and if successful he could sue any other company who used the phrase as infringing on his rights just for example like Gilette could sue any other company who used the phrase "The best a man can get" or Wendy's "Where is the beef" or American Express "Don't leave home without it".

That's great but the writers of whatever articles you are referring to are obviously also not trademark lawyers. I went to the USPTO and reviewed the application and office action myself to see precisely what goods and services were listed.

[BullyKing]

Any law student whose taken a basic copyright and trademark class could have told you that trademark application would be denied.

They could, but then they would receive a failing grade in their copyright and trademark class.

[BullyKing]

Except Lebron isn't using "Taco Tuesday" different then how it used in public or marketing nor is he creating a company "Taco Tuesday" inc.

He is essentially trying to trade mark a commonly used phrase used for decades before he came along and say because he uses some voice inflection and makes a weird face that somehow makes it different.

The trademark office was right to slap his ass down.

That's actually exactly what he is saying. He applied for the mark for marketing services to use as the source of those services, either as a company name, a brand, a d/b/a, etc. Do you understand that if his registration is granted, every restaurant advertising a taco tuesday is still allowed to do that and not impacted in any way. All that it would prevent is someone else using Taco Tuesday as the source of a provider of marketing services.

It's not a good look to have such a strong opinion like the "trademark office was right to slap his ass down" when you don't really understand what you're talking about.

Except the trademark office would seem to actually agree with that opinion and to have given reasons for rejecting the application which accord with those argued by posters who considered the trademark application ridiculous. What would they know ?, of course.

I know, I was specifically addressing the reasons provided by the examiner and why he/she is incorrect. By the way, this is an Office Action. Most applications get an Office Action in response. This is not unusual or the end of the story.

[SweetTouch]

Once again the King working the media and youngstas, y’all always fall for the trap

[TerryTate]

Even the Simpsons used it...... cmon Lebron

Watch on YouTube

[michaelm]

That's actually exactly what he is saying. He applied for the mark for marketing services to use as the source of those services, either as a company name, a brand, a d/b/a, etc. Do you understand that if his registration is granted, every restaurant advertising a taco tuesday is still allowed to do that and not impacted in any way. All that it would prevent is someone else using Taco Tuesday as the source of a provider of marketing services.

It's not a good look to have such a strong opinion like the "trademark office was right to slap his ass down" when you don't really understand what you're talking about.

Except the trademark office would seem to actually agree with that opinion and to have given reasons for rejecting the application which accord with those argued by posters who considered the trademark application ridiculous. What would they know ?, of course.

I know, I was specifically addressing the reasons provided by the examiner and why he/she is incorrect. By the way, this is an Office Action. Most applications get an Office Action in response. This is not unusual or the end of the story.

Sure, the trademark office being comprised of human beings may be wrong, but they are fairly likely to be somewhat familiar with trademark law, unfamiliarity with which seems to be be your criticism of the poster you chided and the criticism on this thread of those who ran the same line of argument the trademark office themselves have now propounded.

I think he was attempting to trademark employment of the term in close to the social context in which it has existed. If he wants to manufacture a Taco Tuesday smart phone I have no objection. If this now means he can use the term unmolested good luck to him, but I imagine he could have trademarked “LeBron’s Taco Tuesday podcast” without much difficulty.

[bisme37]

Now that Taco Tuesday fell through he can request a trademark for the King James Bible.

[BullyKing]

Except the trademark office would seem to actually agree with that opinion and to have given reasons for rejecting the application which accord with those argued by posters who considered the trademark application ridiculous. What would they know ?, of course.

I know, I was specifically addressing the reasons provided by the examiner and why he/she is incorrect. By the way, this is an Office Action. Most applications get an Office Action in response. This is not unusual or the end of the story.

Sure, the trademark office being comprised of human beings may be wrong, but they are fairly likely to be somewhat familiar with trademark law, unfamiliarity with which seems to be be your criticism of the poster you chided and the criticism on this thread of those who ran the same line of argument the trademark office themselves have now propounded.

I think he was attempting to trademark employment of the term in close to the social context in which it has existed. If he wants to manufacture a Taco Tuesday smart phone I have no objection. If this now means he can use the term unmolested good luck to him, but I imagine he could have trademarked “LeBron’s Taco Tuesday podcast” without much difficulty.

You're seriously underestimating the number of marks that are registered after receiving an initial OA like LeBron received.

[Stillwater]

does anyone eat tacos anymore? I mean 90% of the options at fast food places that serve them are spin offs from the originals anyway.

[Bayside]

He acts like he never saw a taco in Cleveland. And some revelation to him. Eat up. They are awesome. We all can agree? Not some applebee taco I am talking food truck tacos.

The thing that most expats miss the most from Cali. Those damn tacos. don't sue me!

[isekii]

LeTaco Tuesday ?

[Bayside]

does anyone eat tacos anymore? I mean 90% of the options at fast food places that serve them are spin offs from the originals anyway.

This. Tacos are everywhere but good tacos in California are good enough to get sued over. Just ask LeBron. When I vist Cali, I eat so many first few days I cant move. I understand what happend to him.. But he just took the love too far. #forevertacos

[KyRo23]

Didn't someone say this is already trademarked? It's crazy that since 1989 no one has been able to advertise "Taco Tuesday". That greedy company that already has it trademarked I tell ya!