Taco John's, which has reportedly spent $1 million to defend the "Taco Tuesday" trademark, has put the kibosh on the lawsuit. According to The Wall Street Journal, chief executive of Taco John's, Jim Creel, said: "It's just not worth the amount of money it would take to defend it . . . We'd rather take that money and put it toward a good cause."
As Salon Food wrote in May, Taco Bell released a statement saying: "How can anyone Live Más if they're not allowed to freely say 'Taco Tuesday?' It's pure chaos. Taco Bell seeks no damages or trademark rights in 'Taco Tuesday.' It simply seeks common sense for usage of a common term. In filing the legal petitions, Taco Bell is honoring people's right to come together and celebrate the joys of tacos, on Tuesdays and every other day."
As of now, the term is generic and can be used by any restaurant — except for in New Jersey, where Gregory's Restaurant & Bar, a Jersey Shore restaurant, owns the trademark in that state alone. Taco Bell has also filed a petition looking to cancel their trademark, but owner Greg Gregory said that "the restaurant would attempt to defend" the trademark, as reported by Wall Street Journal. Reportedly, David Olson of Taco John's coined the term — originally "Taco Twodays" — in 1979 in Minnesota.