That’s nacho name.
Sitting in a food truck court in Modesto, California, Flaco’s Tacos now faces a cease-and-desist from a Chicago restaurant with three locations of the same name, which has held the trademark since 2009.
Rafael Calvillo, owner of Flaco’s Tacos food truck, which opened in 2022, received a cease-and-desist order just over two months ago. He has until the new year to choose a new name or risk a trademark infringement lawsuit.
Changing the name will cost Calvillo around $6,000 as he needs to update his trucks, ordering apps, social media, and Google listings, and he expects business may slow until customers adjust to the new name, he told the Merced Sun-Star.
Following his lawyer’s advice, Calvillo is not contesting the cease-and-desist, saying it would be a “waste of money” since the Chicago restaurant owns the trademark.
Calvillo said he named his taco truck Flaco’s Tacos during a family brainstorming session, inspired by his son’s comment about his skinny build, unaware the name was already trademarked.
“We apologize for the inconvenience we’re causing,” Calvillo told the outlet. “We are trying to survive ourselves, and nothing is in bad faith.”
Now, Calvillo is trying to make the best of the situation and get the public involved in renaming his truck. He also plans to expand with a second truck and add desserts like mangonadas, tostilocos and fruit cups to the menu.
In partnership with The Modesto Bee newspaper, people can submit their name suggestions through this Google Form or email dwilliams@modbee.com before the December 5 deadline.
The name cannot include “flaco” and should be commercially appealing, as he plans to expand to multiple locations.
Some of Calvillo’s ideas so far include World Wide Tacos, Mr. Taco, Fat Tacos, Dos Tacos, Dos Mas Tacos, and Damn Good Tacos.
