The battle for the phrase “damn good tacos” is heating up for real.
In one corner, Austin-based taco chain Torchy’s Tacos, whose slogan is “Damn Good Tacos,” and, in the other, a Colorado restaurant, whose name is Dam Good Tacos, as a nod to a nearby reservoir.
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Despite being miles away, the Colorado restaurant’s name was close enough in phrasing to draw the ire of Torchy’s, who filed a lawsuit against Dam Good Tacos for trademark infringement and monetary losses.
According to The Coloradoan, Torchy’s registered the “Damn Good Tacos” tagline with the US Patent and Trademark office in 2008—four years before Dam Good Tacos opened in 2012—and Torchy’s offered to help Dam Good Tacos financially in changing their name.
READ MORE: This Chain Owns the Taco Tuesday Trademark, and It’s Not Afraid to Sue You
“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 a statement to The Coloradoan. “Through our significant investment in this trademark, it has become inextricably linked to our products in the minds of consumers.”
Torchy’s takes their slogan very seriously, as it harkens back to a time when the company was based entirely out of one food truck. “Our slogan was created by the thing that we love most—our customers. ‘Damn Good’ is an homage to the rallying cry hollered outside of our first mobile food truck on the streets of Austin, TX in 2006. We’re not lacking class, we’re just honoring a legacy,” Torchy’s explains on their website.
Dam Good Tacos, for its part, issued a following statement on their Facebook page, disputing both the Coloradoan and Torchy’s versions of the story, insisting that “the article printed this weekend in the Coloradoan contained some misleading statements, and did not properly inform you all. The Coloradoan did not respond to our request to update it, so we will do that here.”
Torchy’s garnered national attention last year when President Obama dropped in and ordered a very politically calculated trio of Democrat (barbacoa), Republican (jalapeño sausage), and Independent (mushrooms) tacos for a total of $18.40.
But, as we know, those were simpler times, and the Dam Good Tacos legal saga is headed for a showdown in US District Court within the next 45 days.
