U.S. News | Tasty Tacos Battles Wicked Tasty Taco over trademark infringement

Image Credit: © Bjørn Hovdal | Dreamstime.com

Tasty Tacos Inc., a locally-owned company,known for its fried-flour tacos filed a lawsuit in the Southern District of Iowa against More Than Gourmet, an Ohio based company that produces and distributes the Wicked Tasty Taco seasoning over trademark infringement.

The plaintiff argues that the defendants “Wicked Tasty Taco” mark conflicts with its name, Tasty Tacos.

The plaintiff alleges that the similarity in name has caused lots of damages, unfair competition and confusion.

More Than Gourmet filed an intent to use application for the federal registration of Wicked Tasty Taco in January 2018. Tasty Tacos filed a notice of opposition to the application a year after.

The plaintiff sent a cease and desist request to More Than Gourmet in April to withdraw its federal registration of the mark and stop using the mark but a few days later, the defendant reacted by saying, it would not stop using the name.

Tasty Tacos’ attorney, Allison Kerndt, reportedly said that “the case is of great importance to our client. Tasty Tacos’ is a well-known brand that consumers have come to trust for its unique and high-quality Mexican food since 1961″. “The ‘Tasty Tacos’ brand is one of our client’s most valuable business assets.” Allison Kerndt reportedly said.

Tasty Tacos is seeking an injunction to cease the More Than Gourmet’s usage of Wicked Tasty Taco, Tasty Tacos and other similar names.

The case is currently pending.

Tasty Tacos, Inc. v. More Than Gourmet Holdings, Inc.

Judge:Stephanie M Rose
Court: Iowa Southern District Court
Case #:4:19-cv-00166
Nature of Suit:Trademark
Cause:Trademark Infringement
Case Filed:Jun 06, 2019
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About Nathaniel Adebayo 656 Articles
Nathaniel is a News Reporting Intern at Nigerian Law Intellectual Property Watch (NLIPW). He has a passion for writing, capacity building and social media marketing. He is a graduate of Federal University of Technology, Minna, where he graduated with BTECHAGRIC. He is a member of Soil Science Society of Nigeria (SSSN) and the National Union of Campus Journalist (NUCJ). Nathaniel has served as Editor-in-Chief for a number of magazines and as a contributor to various online repositories. Email: anathaniel@nlipw.com