The Minnesota Lawyer reports on yet more people who have nothing better to do
The battle between Mexican fast-food restaurant chain Taco John’s and Minnesota restaurants named Taco Chon continues. Although Taco Chon has fought back, the U.S. District Court for Minnesota recently granted motions in favor of Taco John’s.
Taco John’s is a chain of restaurants offering Mexican fast food in locations across Minnesota and the country. Taco Chon, on the other hand, has two Minnesota locations, one in Burnsville and the other in St. Cloud.
Taco Chon has been in operation since 2019, with the second location opening in 2021. After opening the St. Cloud location, which is just over a mile from a Taco John’s restaurant in St. Cloud, Taco Chon went on Taco John’s radar. In 2022, Taco John’s sent a cease and desist letter to Taco Chon, informing Taco Chon that they were using Taco John’s consumer goodwill and asking them to change their name.
When Taco Chon would not change its name, Taco John’s filed suit. In its lawsuit filed in April 2022, Taco John’s alleged trademark dilution, trademark infringement, unfair competition, and other state law claims. In the lawsuit, plaintiff alleged that Taco Chon was attempting to capitalize on “the goodwill and commercial magnetism that Taco John’s has built up in the market and to free-ride on Taco John’s fame as a preeminent Mexican restaurant brand.”
Taco Chon has responded that both its name and food offerings are sufficiently distinct that consumers would not be confused. The restaurant alleged that “Chon” only sounds like “John” if it is pronounced incorrectly. Taco Chon also maintained that its menu offerings — which include many items that Taco John’s does not offer, such as alcohol and street tacos — were different enough that no consumer would think they were at a Taco John’s.
