LeBron James files trademark request for "Taco Tuesday"

[monopoman]

Y'all arguing about taco Tuesday....

Typical off-season topic if this news dropped in the middle of the season it likely gets less attention.

[Mamba4Goat]

The joke has probably been made but this is stealth bs tampering to get Taco Fall away from the Celtics. LeBron should be fined.

[OkcSinceSGA]

Read on Twitter

As expected

[freethedevil]

Read on Twitter

As expected

Yeah too broad. I think a more specific trademark, like for a specifically named show, a podcast, or the like might have a chance, but twitter in general? Hell nah.

[CeltsfanSinceBirth]

But guys.......he just wants to use it for podcasts and social media!!!

[Hes_On_Fire]

LeBron now 3-7.

[BullyKing]

Read on Twitter

As expected

Yeah too broad. I think a more specific trademark, like for a specifically named show, a podcast, or the like might have a chance, but twitter in general? Hell nah.

This is part of what I do for a living and the trademark examiner is 100% wrong here. I get that it's a fun headline but I would be shocked if the refusal holds up in the end.

[Flash Falcon X]

It’s okay. As people have mentioned, he can still file a trademark for Throwback Thursday, Casual Friday and Hump Day.

[freethedevil]

Read on Twitter

As expected

Yeah too broad. I think a more specific trademark, like for a specifically named show, a podcast, or the like might have a chance, but twitter in general? Hell nah.

This is part of what I do for a living and the trademark examiner is 100% wrong here. I get that it's a fun headline but I would be shocked if the refusal holds up in the end.

Could you elaborate?

[lakerz12]

So it appears all of those fears about LeBron going around suing or "collecting money" from small businesses was totally unfounded. Shocker.

He can't even get the Trademark issued. As some of us said over and over this whole thing was a big nothing burger.

[RB34]

It’s okay. As people have mentioned, he can still file a trademark for Throwback Thursday, Casual Friday and Hump Day.

Sweet! That means I can get RnB Friday’s before he figures that one out..

[BigRedDog]

Lebron is now saying this is the result he wanted as now it would be near impossible for anyone to sue him for using the phrase "Taco Tuesday".

Normally, I'd say that's total "Spin Zone" from someone but given his immense wealth and reach it actually makes sense that he could face challengers from all angles and this is a pretty easy way for him to discourage people from filing frivolous claims against him in Jackson, Mississippi just because they've been running "Free Soda with 3 taco purchases on Tuesday" in promotions since '98

[BullyKing]

Yeah too broad. I think a more specific trademark, like for a specifically named show, a podcast, or the like might have a chance, but twitter in general? Hell nah.

This is part of what I do for a living and the trademark examiner is 100% wrong here. I get that it's a fun headline but I would be shocked if the refusal holds up in the end.

Could you elaborate?

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.

[DaddyCool19]

Lebron is backpedaling harder than Melo in the Knicks-Nuggets brawl

[spikeslovechild]

This is part of what I do for a living and the trademark examiner is 100% wrong here. I get that it's a fun headline but I would be shocked if the refusal holds up in the end.

Could you elaborate?

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.

[BullyKing]

Could you elaborate?

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.

[LKN]

This thread is peak off season

[freethedevil]

Lebron is now saying this is the result he wanted as now it would be near impossible for anyone to sue him for using the phrase "Taco Tuesday".

Normally, I'd say that's total "Spin Zone" from someone but given his immense wealth and reach it actually makes sense that he could face challengers from all angles and this is a pretty easy way for him to discourage people from filing frivolous claims against him in Jackson, Mississippi just because they've been running "Free Soda with 3 taco purchases on Tuesday" in promotions since '98

[spikeslovechild]

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.

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".

[Wolf of Ball St]

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.