A popular taco truck in California is facing a costly rebranding exercise after being hit with a legal challenge from a restaurant chain over 2,000 miles away. The owner is now turning to his loyal customers for help to find a new identity before time runs out.
The Cease and Desist from Chicago
Flaco's Tacos, a food truck operating from a lot in Modesto, received a cease and desist order just over two months ago. The order came from a Chicago-based establishment that shares the same name. Owner Rafael Calvillo explained to the Modesto Bee that he contacted the Midwestern business, which granted him a deadline of January 1 to change his truck's name.
The Chicago chain, which runs three restaurants along Lake Michigan, has held the federal trademark for 'Flaco's Tacos' since 2009, according to the US Patent and Trademark Office. After consulting a lawyer, Calvillo decided not to fight the lawsuit, deeming it a futile financial endeavour.
The High Cost of a New Name
While avoiding a court battle, the rebrand will still hit Calvillo's small business hard in the pocket. He estimates the process will cost him around $6,000 (approximately £4,700). This sum covers rewrapping his vehicles, updating ordering apps, and amending his social media presence.
The timing is particularly unfortunate as Calvillo's business, established in 2022, was on the cusp of expansion. He was recently planning to double his operation by adding a second vehicle this year. 'We are trying to survive ourselves, and nothing is in bad faith,' Calvillo stated, apologising for any inconvenience to his customers.
Public Appeal for a Fresh Start
With the deadline looming, Calvillo is crowdsourcing ideas for a new moniker. He is working with the Modesto Bee and using his Instagram account to gather suggestions. The original name, meaning 'skinny' in Spanish, was inspired by his son's observation of Calvillo's slim figure. Now, he is seeking alternatives that cannot include the word 'Flaco'.
He prefers names with strong commercial potential, aligning with his ambition to grow into multiple locations. The appeal has already sparked a wave of creativity online, with suggestions flooding his social media comments. Ideas from the public include:
- Taco Draco, Street Heat Tacos
- Holy Guacamole Tacos, Twisted Tacos
- Vato’s Tacos, Bomb Tacos
Despite the setback, Calvillo remains optimistic. He is looking forward to this new chapter and is excited to introduce new menu items like mangonadas and tostilocos. The incident serves as a cautionary tale for other small business owners. Experts recommend thoroughly checking state and federal trademark databases, DBAs, and online platforms like Google and Yelp before settling on a business name to avoid similar costly disputes.
