Modesto Taco Truck Faces Costly Rebrand After Legal Challenge
A popular food truck in Modesto, California, is being forced to undergo a complete rebrand after being sued for trademark infringement. Flaco's Tacos, owned by Rafael Calvillo, received a cease-and-desist order from a Chicago restaurant group that has held the trademark for the same name since 2009.
A Costly Oversight for a Small Business
Calvillo, who launched his food truck in 2022, told the Merced Sun-Star he was entirely unaware of the existing trademark. The name was chosen during a family brainstorming session, inspired by his son's comment about his skinny build. "We apologize for the inconvenience we're causing," Calvillo stated. "We are trying to survive ourselves, and nothing is in bad faith." Following legal advice, he has decided not to contest the order, calling a potential legal battle a "waste of money."
The owner now has until the new year to select a new identity for his business or face a formal lawsuit. The change is expected to cost Calvillo approximately $6,000 (£4,700), as he must update his vehicle livery, ordering apps, social media profiles, and Google listings. He also anticipates a temporary slowdown in business as regular customers adjust to the new name.
Public Invited to Help Rename the Truck
In an effort to turn a negative situation into a positive community engagement opportunity, Calvillo is asking the public for help. In partnership with The Modesto Bee, he is accepting new name suggestions until December 5. The suggested name cannot include the word "flaco" and should have broad commercial appeal, as Calvillo has plans to expand with a second truck and add new dessert items to the menu.
Submissions can be made via a dedicated Google Form or by emailing dwilliams@modbee.com. Some of the owner's own brainstorming ideas include World Wide Tacos, Mr. Taco, and Damn Good Tacos. This public campaign highlights the resilience of a small business navigating unexpected legal hurdles.
