Tasty Tacos vs. Wicked Tasty Taco: Local company sues over trademark infringement

Tasty Tacos, a locally-owned company known for its fried-flour tacos, filed a trademark infringement lawsuit against an Ohio-based company for its "Wicked Tasty Taco" seasoning, saying it conflicts with its name.

Tasty Tacos Inc. on Thursday filed the lawsuit in the Southern District of Iowa against More Than Gourmet, the company that produces and distributes the Wicked Tasty Taco seasoning. Tasty Tacos is seeking an injunction to cease the company's usage of Wicked Tasty Taco, Tasty Tacos and other similar names.

“The case is of great importance to our client. 'Tasty Tacos' is a well-known brand that consumers have come to trust for its unique and high-quality Mexican food since 1961, according to a statement from Allison Kerndt, Tasty Tacos' attorney. "The 'Tasty Tacos' brand is one of our client’s most valuable business assets."

Synonymous with Des Moines, Richard and Antonia Mosqueda started Tasty Tacos in 1961 and have sold its special recipe of tacos in the metro ever since. Six restaurants are operating in the metro and the company sells its sauces and seasonings online and in Hy-Vee stores.

The lawsuit alleges the use of its name will cause "confusion" among customers and cause damage to the history and brand of Tasty Tacos.

An example provided in the lawsuit points out that on May 22, Wicked Tasty Taco seasoning was "just feet away" from the display where Tasty Tacos seasoning was also sold in Hy-Vee.

In January 2018, More Than Gourmet filed an intent to use application for the federal registration of Wicked Tasty Taco. About a year later, Tasty Tacos filed a notice of opposition.

In April, Tasty Tacos requested More Than Gourmet cease use of "Wicked Tasty Taco" and to withdraw its federal registration of the mark, according to the lawsuit. A few days later, the company told Tasty Tacos it would not stop using the name.

More Than Gourmet did not respond to the Register's request for comment.

Tasty Tacos is also seeking damages for the "harm" it suffered from the infringement, according to the lawsuit.