Torchy’s Tacos is accusing Dam Good Tacos, out in Fort Collins, Colorado, of infringing on its trademarked tagline, "Damn Good Tacos." The Austin-based taco chain, which includes a Denver location, is seeking monetary damages, along with the restaurant's website address, email, and Twitter handle, among other promotional materials, reported the Coloradoan.
Dam Good Tacos opened its doors in 2006. Two years later, Torchy’s registered its motto “Damn Good Tacos” with the U.S Patent and Trademark office. Last November, Torchy’s sent a cease and desist letter to Dam Good Tacos. It offered financial assistance to help with a name change though the Colorado taco restaurant declined. On Thursday, a judge ruled that the case will be heard at the U.S. Courthouse in Denver within 45 days. Touchy’s did not reply to Eater’s request for a comment yet.
As stated on Torchy’s website, the phrase was generated by early 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.
Founded as a food trailer on South 1st Street more than a decade ago, Torchy's now has outposts throughout Texas and in Colorado and Oklahoma. It opened a location in Fort Collins last September.