Texas-based taco joint Torchy’s Tacos is taking Colorado restaurant Dam Good Tacos to court for infringing on its trademark for the slogan “damn good tacos.” Torchy’s is seeking monetary damages and a change in Dam Good Tacos’ name on its website, social media, and other promotional materials, Coloradoan reported.
Torchy’s registered the phrase with the U.S. Patent and Trademark office in 2008, two years after it opened its doors. According to the restaurant’s website, “damn good” pays homage to “the rallying cry hollered outside of our first mobile food truck on the streets of Austin, Texas, in 2006.” In 2012, Dam Good Tacos started its business with its first location in Fort Collins near Colorado State University.
Torchy’s sent a cease and desist letter to Dam Good Tacos offering financial assistance with a name change, but Dam Good Tacos refused. “We were left with no choice but to file suit to protect our trademark and our brand,” Torchy’s explained to the Coloradoan in an email.
Last week, a judge ruled for the case to be heard within 45 days in the U.S. Courthouse in Denver.