May 4, 2022

Have you heard of the new Mexican restaurant? It’s the taco the town

Taco John’s have brought a trade mark infringement claim against a new Mexican restaurant called “Taco Chon”. The new restaurant has outlets in both Burnsville and St Cloud, Minnesota.

Taco John’s have filed the claim in the U.S District Court of Minnesota, arguing Taco Chon is “attempting to trade on the goodwill and commercial magnetism that Taco John’s has built up”. Taco John’s allege to have started using the trade mark back in the early 1970’s and over the years have spent considerable time, money and effort in developing and marketing its brand. Taco John’s believes the Taco Chon brand will likely cause confusion amongst consumers.

Taco John’s sent a cease-and-desist letter to Taco Chon on 01 February, but Taco Chon have failed to comply. Taco John’s argue this amounts to Taco Chon “wilfully and deliberately” infringing upon the Taco John’s trade mark rights.

Taco John’s is seeking an injunction against Taco Chon to prevent it from using the name. Taco John’s is also seeking injunctive relief. Juan Ramos, owner of Taco Chon allegedly stated he had no plans to change his business name because many businesses have similar names.

If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 291 4000 or legal@mcdanielslaw.com.

in: Case Law, Companies, Consumer Law, Legal News, News, Trade Marks

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