Suit Over Slogan Grows

Twelve more food purveyors have been added to a federal lawsuit claiming that “Taco Tuesday” promotions damage Tortilla Flats, a Laguna Beach Mexican restaurant that trademarked the term in 1984, a lawyer said Monday.

Tortilla Flats originally sued nine Orange County restaurants in July 1997 over the name it gave to discounted tacos on Tuesdays, a typically slow day. The restaurant alleges trademark infringement, unfair competition, false advertising and other claims.

Its lawyer, William E. Levin, said one of the 12 new defendants, the Elks Lodge in Orange, already has tentatively agreed to settle the lawsuit.

Three other defendants--Margaritaville in Newport Beach, Tropicana Bar and Grill in San Clemente and Casey’s Restaurant in Orange--also have agreed to settle, Levin said.

He said that settlement terms are confidential but that Tropicana and Margaritaville agreed to orders barring them from using “Taco Tuesday” or similar terms in their promotions.

The developments were announced late Monday, and workers at the restaurants said no managers or owners were available to comment.