Mexican food chain tells Reverence Hotel use of Taco Tuesday trademark breach

FAST food chain Salsas Fresh Mex is copping hot backlash, after demanding a Footscray hotel cease using a term the national franchise has trademarked.

FAST food chain Salsas Fresh Mex is copping hot backlash for demanding a Footscray hotel cease using the phrase “Taco Tuesday”.

The Reverence Hotel on Napier St received a letter from Salsas Holdings on June 6, which demanded the pub stop using the phrase on its website and social media accounts, as it is a registered trademark.

“We assume that you are unaware that Salsas is the owner of the registered trademark TACO TUESDAY,” the letter from marketing manager Rebecca Woods stated.

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“The Mexican-style food offered by Salsas under that trademark has become extremely well and favourably known among members of the public in Australia, and as a result is associated with Salsas.”

Salsas is copping it from Reverence Hotel supporters.

But the taco debacle has fuelled an online food fight, with dozens slamming the Mexican food chain on social media, claiming they would “never eat at Salsas again”.

Reverence Hotel owner Matt Bodiam took over the landmark pub in 2012 with his partner Melanie, and said he was shocked to read that after six years of dishing up the spicy midweek fare, they were infringing a trademark.

In a satirical move, the pair have since changed website references to “TACO “SUES’DAY”.

“I just laughed when I read (the letter from Salsas) — I thought it was a joke but then as I read on I realised it was serious,” Mr Bodiam said.

“It is quite ridiculous, I didn’t think anyone could trademark that sort of phrase.”

“Taco Tuesday” was trademarked by Salsas Fresh Mex in 2011.

But others argue the phrase has become a universal term like “happy hour” or “tight-arse Tuesday”, and rights of use should not be trademarked to one chain.

Chair of intellectual property at the University of Melbourne, Professor Andrew Christie said a phrase can be trademarked if proven by the trademark office to be distinctive.

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“Taco Tuesday is not totally descriptive, it has an element of distinctiveness,” Prof Christie said. “If it’s being used in a descriptive sense then that’s close to a defence for infringement … but it’s not a straightforward case.”

Taco Tuesday is a weekly tradition at the Reverence Hotel.

A Salsas Fresh Mex spokeswoman, who declined to be named, said the chain must defend their trademark against companies both big and small.

“We believe it is our responsibility to inform all businesses of our trademark ownership to best protect the interests of our small business owners.”

The company did not respond when asked if they were cracking down on other businesses using the term.

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