A food truck in Modesto, California, is being forced to change its name after a trademark infringement claim from a Chicago restaurant. Flaco's Tacos, owned by Rafael Calvillo, received a cease-and-desist order over two months ago from a Chicago-based restaurant chain with three locations that has held the trademark since 2009.
Calvillo, who opened his taco truck in 2022, has until the new year to choose a new name or face a lawsuit. He estimates the rebranding will cost around $6,000, covering updates to his trucks, ordering apps, social media, and Google listings. He also expects a temporary slowdown in business as customers adjust to the new name.
Following his lawyer's advice, Calvillo is not contesting the claim, calling it a “waste of money” given the Chicago restaurant's trademark ownership. He said the name Flaco's Tacos was chosen during a family brainstorming session, inspired by his son's comment about his skinny build, and he was unaware the name was already trademarked.
“We apologise for the inconvenience we’re causing,” Calvillo told the Merced Sun-Star. “We are trying to survive ourselves, and nothing is in bad faith.” He is now involving the public in renaming his truck, with suggestions being accepted through a Google Form or by email before the 5 December deadline. The new name cannot include “flaco” and should be commercially appealing, as he plans to expand.
Some of Calvillo's initial ideas include World Wide Tacos, Mr. Taco, Fat Tacos, Dos Tacos, Dos Mas Tacos, and Damn Good Tacos. He also plans to add a second truck and expand the menu to include desserts like mangonadas, tostilocos, and fruit cups.
