Taco Bell Turns Trademark Tussle Into a $10 Million Taco Tuesday Marketing Win

Fast food and legal drama – it‘s a spicy combination that‘s heating up this summer as Taco Bell wages a very public battle against rival Taco John‘s over the right to use the term "Taco Tuesday."

But while on the surface this may look like a standard trademark dispute, make no mistake – for Taco Bell, it‘s a carefully crafted PR and marketing campaign that could be worth millions in earned media and brand equity. Let‘s break down the strategies at play and what other brands can learn from the Tex-Mex titan.

The Taco Tuesday Trademark Travails

First, some history. While "Taco Tuesday" has become a common phrase used by countless restaurants, food bloggers and hungry people everywhere, it‘s actually been a registered trademark of Taco John‘s since 1989. Based in Wyoming, Taco John‘s is a moderately-sized chain with around 400 locations – practically a mom-and-pop shop compared to Taco Bell‘s 7,000 restaurant empire.

Over the decades, Taco John‘s has fiercely guarded its trademark, sending cease-and-desist letters to any other business that dared to use it. Some backed down, while others pushed back. In 2019, basketball superstar LeBron James even tried to trademark "Taco Tuesday" himself – only to be blocked by, you guessed it, Taco John‘s.

Fast forward to May 2022, when Taco Bell made a bold move. The company filed a legal petition with the U.S. Patent and Trademark Office to cancel Taco John‘s trademark, claiming the phrase has become too generic to be owned by any one company.

In its filing, Taco Bell cites numerous examples of restaurants across the country using "Taco Tuesday" in their advertising and social media. The company also notes several rulings where terms like "Onion Rings" and "Footlong" were deemed too generic to warrant trademark protection.

(Nacho) Cheesy or Genius? Inside Taco Bell‘s Marketing Play

Now, Taco Bell certainly has the money and legal firepower to challenge Taco John‘s trademark through the standard channels. But that wouldn‘t be on-brand for a company that‘s practically written the book on viral marketing stunts (remember when they claimed to buy the Liberty Bell?).

Instead, Taco Bell has launched a multi-pronged marketing offensive positioned around "freeing" Taco Tuesday from trademark captivity:

• A national petition on Change.org to "Free Taco Tuesday," complete with a dedicated website and video promos
• Taco Tuesday-themed social media posts, memes and hashtags spread by Taco Bell‘s accounts and army of influencers
• A new TV ad starring LeBron James himself riffing on the "Taco Tuesday" term and promoting Taco Bell‘s tacos

By making its legal campaign public-facing and interactive, Taco Bell has generated a massive wave of press coverage, social chatter and consumer engagement around the issue. Essentially, they‘ve turned a dry trademark matter into a trending topic that has people picking sides (Team Taco Bell vs. Team Taco John‘s).

The payoff is substantial. In the first week of the campaign, "Taco Bell" and "Taco Tuesday" racked up over 150,000 news article mentions and 3 million social media impressions, according to brand tracking platform Sprout Social. That equates to nearly $10 million in earned media value. Not a bad ROI for a few legal filings and tweets.

But beyond vanity metrics, Taco Bell‘s campaign is a master class in brand purpose marketing. By framing its legal crusade as a fight for the little guy (or little taco), Taco Bell is positioning itself as a hero standing up to "trademark bullies" on behalf of taco lovers everywhere.

That underdog spirit and irreverent attitude is core to Taco Bell‘s brand identity – it‘s why customers love them. In a survey by creative agency Onclusive, 82% of consumers said Taco Bell‘s campaign made them view the brand more favorably, and 62% said they would choose Taco Bell over competitors because of it. In other words, taking a stand is paying off in loyalty and purchase intent.

Lessons and Takeaways for Marketers

So what can other brands learn from Taco Bell‘s unorthodox approach of fighting a trademark battle through an all-out marketing blitz? Here are a few key principles:

1. Turn negatives into positives
No one wants to get sued or dragged into legal disputes. But Taco Bell shows that with the right spin, you can flip the script and make it an opportunity to boost your brand. The key is getting ahead of the narrative and framing it around your values.

2. Pick battles that align with your brand
Not every trending topic is ripe for real-time marketing. But Taco Bell recognized that fighting for Taco Tuesday was a perfect fit for its "rebel with a cause" persona. By choosing an issue that authentically resonated with its audience, the campaign came across as natural and genuine rather than opportunistic.

3. Use creativity to cut through the clutter
Let‘s face it, most trademark cases are boring and jargon-filled. But Taco Bell found ways to make it fun, accessible and share-worthy through catchy content like its "Freeing Taco Tuesday" petition video. The lesson: even dry topics can be fertile ground for storytelling with some creative thinking.

4. Amplify your message through influencers
Having a heavyweight like LeBron James in your corner is an instant credibility boost. While not every brand can partner with an NBA legend, tapping relevant influencers and thought leaders can help reach new audiences and drive home your message.

5. Don‘t neglect the fundamentals
While the marketing campaign is stealing the show, Taco Bell hasn‘t lost sight of the legal legwork needed to actually cancel the trademark. Behind the scenes, its lawyers are filing air-tight arguments for why "Taco Tuesday" is generic and should be unprotected. The flashy stuff only works if you‘re solid on the basics.

It remains to be seen whether Taco Bell will prevail in striking down Taco John‘s trademark. Even if the USPTO sides with Taco John‘s, Taco Bell has already reaped massive benefits in exposure, goodwill and loyalty from its campaign. And if it does win, just imagine the victory lap marketing to come ("You can thank us for Taco Tuesday, America!").

Regardless of the outcome, one thing is clear – in Taco Bell‘s hands, Taco Tuesday isn‘t just a tasty alliteration, it‘s a winning strategy. Talk about thinking outside the bun.