A battle is being waged over a phrase for a taco joint. Austin-based Torchy's is suing a Fort Collins restaurant, Dam Good Tacos, for using their trademarked catchphrase "Damn Good Tacos".
Tacos are a symbol of all that is good in this world. There has never been a time where I was grumpy and a taco didn't make it better. Well, tacos have found themselves in a bit of a controversy as a case for the trademarked catchphrase "Damn Good Tacos" is headed to the U.S. District Court. The Austin, Texas-based Torchy's Tacos franchise claims a Fort Collins restaurant called Dam Good Tacos, has infringed on Torchy's trademarked catchphrase "damn good tacos."
Torchy's (Damn Good) Tacos has sent a cease and desist letter to Dam Good Tacos in November and offered financial assistance for the name change. The Fort Collins restaurant declined.
The tagline "Damn Good Tacos" was registered with the U.S. Patent and Trademark office in 2008, almost two years after the operation stated. The restaurant has since franchised, including a location in Fort Collins at Foothills Mall in September.
Dam Good Tacos (the restaurant), started in Basalt in 2012, and moved to Fort Collins near Colorado State University.
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Torchy's told The Coloradoan that the company had no choice but to file suit. Torchy's is seeking monetary damages, as well as Dam Good Tacos' website URL, email and Twitter handle, among other promotional materials.
They refused our offer and we were left with no choice but to file suit to protect our trademark and our brand." Torchy's Tacos said in an emailed statement - reported by The Coloradan.Judge R. Brooke Jackson ruled on April 6 that the case would be heard at the U.S. courthouse in Denver in up to 45 days. The Texas-taco-franchise claims their main concern is customer confusion that could impact the restaurants brand. The owners of Dam Good Tacos have yet to provide any comments to any source regarding the case. DGT's owners Michael Falco and Alison Hatcher just recently opened a Fort Collins coffee and brunch spot called Butterly Cafe.
Do you think Torchy's is in the right to take action? What are your favorite kinds of tacos? We want to know what you think!
