A Cheesy-Good Time Between Brands

Main Street’s Taco Kat, the rebranded Taco Ding-Dong, is thrilled to have Yum! Brands, parent company of Taco Bell, reach out with a cease & desist letter that focused on the positive and gave a great donation to the ghost kitchens Pay-It-Forward recipient, Mount Pleasant Neighbourhood House.

Parody branding isn’t a new marketing tactic but what’s new (and needed in 2021) is the lighthearted response that Yum! Brands approached the situation within their email on July 30th which poked fun at the cost of litigation and while describing the impacts of depreciation made it clear that they were not taking any shots of that food or service (which Narrow group restaurants are known for!) by saying, “‘I say “depreciate” not because your food or service is of poor quality; in fact, after a dinner visit, my squad of sullen solicitors told me that “while it was no Taco Bell, it wasn’t too bad at all!””

This is just a taste of the lightheartedness that Yum! Brands approached the situation with, giving space for enjoyment and understanding across brands who are both experts in branding and business. The email appreciates the homage that the Narrow Group paid to the OG Taco Bell but trademark is a tricky legal issue and can easily be lost to generic epo- just ask someone for an aspirin or to meet you at the escalator!

So protecting trademark items is important in business but protection definitely doesn’t need to come without a little fun- which Yum! Brands understood.

And while Taco Kat is still offering delicious eats to fill those cheap, crunchy, and oh-so cheesy taco cravings the real treat is indulging in the email full of wit and cheek to fill your mind.

Grab some Superfab Cheesy Nachos or a Rock’N Super Chomp Wrap and dive into the email:

Email: Taco Ding Dong's Use of Taco Bell Trademarks (D828)

FROM: ***** <*******_******@yum.com>

Dear Mr. ***** ******:
My name is *******, and I’m a lawyer at Taco Bell (a.k.a. Taco Bell Corp. and Yum! Brands, Inc.). From review of your website, https://narrowgroup.ca/project/taco-ding-dong/, I understand you’ve been expecting me.
You’re hearing from me rather than Taco Bell’s external litigation lawyers—a grey-looking and grey-sounding bunch of people—because they, for the most part, do not share our mutual appreciation for a vibrant, LIVE MÁS lifestyle. Plus, even in Canadian dollars, their letters are expensive!
You already know why I’m writing—and you know I had to write. Taco Bell is concerned about your restaurant’s use of Taco Bell’s trademarks (like our BELL Design; TACO BELL; CRUNCH WRAP; my favorite, CHEESY GORDITA CRUNCH; and others—let us know if you’d like a complete list), as well as your restaurant’s use of marks confusing with Taco Bell’s marks. It is also concerned about the references that Taco Ding Dong makes in its promotional materials to Taco Bell’s name and to past advertising campaigns.
These uses will lead to consumer confusion, and will certainly depreciate the value of Taco Bell’s goodwill in its brand and trademarks. I say “depreciate” not because your food or service is of poor quality; in fact, after a dinner visit, my squad of sullen solicitors told me that “while it was no Taco Bell, it wasn’t too bad at all!” Instead, the Taco Bell brand “depreciates” in a trademark sense when others (spoiler alert: you) make use of marks too similar to those of Taco Bell for goods and services too similar to those of Taco Bell.
If that goes on too long, Taco Bell won’t be able to prevent other people from using its trademarks. In a worst-case scenario, unsuspecting consumers would “cross the border” for sub-standard meals, slung by unscrupulous burrito bandidos posing as the OG Taco Bell. You clearly love our brand, given your homage—and so we can all agree that type of banditry would be a bad outcome. ¡Nosotros queremos Taco Bell!!!
I have been told that your Taco Ding Dong signage, and its general restaurant situation, seem temporary. Given that, and given the current economic challenges facing independent restauranteurs like you, we’re willing to let you continue with your Ding Donging in its current form until August 31, 2021—but I need to ask you to stop by that date. To clarify, this would mean:
1. ceasing all use of Taco Bell’s trademarks, and any similar trademarks (including “Taco Ding Dong” and any menu items that include or are similar to the trademarks above);2. changing the name of all social media accounts (such as @tacodingdong on Instagram) from Taco Ding Dong to handles that do not reference Taco Bell’s trademarks, or any similar trademarks; and3. destroying, deleting, and deactivating all signage, promotional materials, and merchandise which refer to Taco Bell, its trademarks, or its advertising campaigns.To let you know we appreciate you making these changes, Taco Bell will make a donation (in honor of The Narrow Group) to your community partner, Mount Pleasant Neighborhood House—provided you make all the changes above by and confirm to me in writing that these changes have been made. Why? We’d much rather pay some money to a good cause if it means we can avoid paying it to our lawyers instead.I would appreciate your response as soon as possible, and in any event, within two weeks of this letter so we can plan accordingly on our end.In the meantime, I hope that you and your team enjoy “thinking outside the bun”.Yours truly,

Written by Kathleen Beveridge, Communications Professional.