Kevin McCarney, the founder and president of “Poquito Mas” (AKA: “Poquito Mas: The Original Baja Taco Stand”), is maintaining that Taco Bell (AKA: “Taco Smell”) is infringing on his copyright of several phrases containing the spanish word “más” (it means “more”). Taco Bell has some cojones.
In the ongoing lawsuit, McCarney is saying that Taco Bell tried to contact him for the rights to use “más” in 2012. However, he declined because he didn’t want his customers to be confused by the campaign. Little did McCarney know that with future Taco Bell items like the Waffle Taco and Doritos Locos, there wouldn’t be much confusion about which taco place is which.
McCarney had the foresight to trademark the terms “Poquito Más,” “Mucho Más,” “Chef Más,” “The Más,” and “Get Poquito Más Out of Life”. Dominique Ansel reportedly beat him to the punch by laying claim to the “Cro-Más” dónut.
15 U.S. Code § 1065 is a real bitch. McCarney’s legal team is asserting that not only is Taco Bell infringing on the Más trademark, it’s unfair competition since the Bell is so big. I’m no lawyer, but I think Taco Bell should turn the tables and counter-sue over the usage of the name “Baja”. And then Baja Fresh should sue both of their asses. That’s just the American way.