Newcastle pub caught up in taco brawl

The Crown & Anchor Hotel in Newcastle has been told to stop using the phrase “Taco Tuesday”.

It’s just another trade-mark tussle.

Victorian company Salsas, which sells Mexican-style food, has told businesses across the country to stop using the words “Taco Tuesday”.

Now, many hotels and restaurants use it in their advertising so those words will soon be wiped from menu boards, social media and any form of promotion. 

Salsas Holdings Pty Ltd registered the words with IP Australia in 2011.

So this week, they sent a letter to the Crown & Anchor making it clear that it had to stop using the phrase.

“We assume that you are unaware that Salsas is the owner of the registered trade mark TACO TUESDAY in the respect to the provision of Mexican-style food and restaurant services,” the letter said.

“The Mexican-style food offered by Salsas has become extremely well and favourably known among members of the public in Australia, and as a result is associated with Salsas.

“We request that The Crown & Anchor Hotel immediately cease use of the trade mark.”

Crown & Anchor co-owner Mark Chegwidden, said he at first thought it was just a publicity stunt.

Now he says the pub is being “bullied and intimidated” for using words that have “been around for 50 years”.

It’s un-Australian to do this to a small business,” Mr Chegwidden told the Newcastle Herald.

But intellectual property specialist, Stuart Gibson, a partner of Mills Oakley Lawyers says failing to follow a trade mark directive is a big risk for any business.

“[Salsas] can prevent anyone else in the country, even someone in the north-western corner of Arnhem Land, from using that trademark in trade,” Mr Gibson told the Newcastle Herald.

“[Salsas] can sue them for profits that arise out of misuse of that term, or can just sue them for damages where the court will make an estimate of what the damage is.” 

21 June 2018 - Leon Gettler