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Taco John's Accuses Minn. Restaurants, Taco Chon Mexican Grill, Of Trademark Infringement

MINNEAPOLIS (WCCO) -- Wyoming-based Taco John's is suing a couple of Minnesota restaurants named Taco Chon for trademark infringement.

According to court documents filed in the U.S. District Court for the District of Minnesota, Taco John's says the name "Taco Chon" – coupled with the fact that the restaurants are quick-service Mexican cuisine – is "likely to cause confusion, mistake, or deception."

The Taco Chon restaurants are located in Burnsville and St. Cloud. Both locations are within 4 miles of a Taco John's restaurant.

Taco John's alleges that the name is an attempt to "free-ride" on its fame as a "preeminent Mexican restaurant brand."

Taco John's is asking for a permanent injunction against Taco Chon, requiring the business to no longer use the name. The lawsuit also seeks financial relief, including the profits the restaurant has made while using the term "Taco Chon."

Co-owner of the Taco Chon in St. Cloud, Juan Ramos Gutierrez, reportedly responded to the lawsuit, saying that the name comes from a taco shop he and his parents had in Mexico. He also said that he's gotten a lot of community support and will fight the lawsuit.

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