Touch & #233;!
Del Taco’s Zorro-like character will no longer have to fight for the right to bring better Mexican food to the people. TriStar Pictures and Zorro Productions settled their trademark-infringement suit against Del Taco over its ads, with Del Taco agreeing to modify but not drop the character.
It may not be a happy ending for the hero, however, as his ads haven’t run since November, and a new radio ad on a completely different theme was launched last week. The fast-food restaurant chain is meeting with its ad agency, Seattle-based WongDoody, to decide whether to continue the hero campaign or replace it with a new concept, Del Taco CEO Kevin Moriarty said.
TriStar and Zorro Productions had asked that the ads be pulled in July and filed a suit in Los Angeles federal court claiming the character infringes on the Zorro trademark and seeking more than $1 million in damages.
Del Taco had argued that the masked man dressed in black with Del Scorcho sauce in his bandoleer and chilies hanging from his hat was clearly distinguishable from the Zorro character.
In December, the three parties came to an agreement out of court to slightly modify the advertisements without any damages paid, Moriarty said.
“We all got around a table and decided what we wanted to do,” said Moriarty.
WongDoody, which took over Del Taco’s advertising campaign in May, created the new character as its first assignment. Although the Laguna Hills-based Mexican food chain may continue to use the character, it will phase out spots or print ads that feature a shadowed image of the Del Taco character that could be mistaken for the original Zorro.
Also, Del Taco launched a new radio campaign last week promoting its 39-cent tacos.
The 60-second spot features the voice of a gruff 57-year-old New Yorker portraying a New Year’s baby and talking about Del Taco’s food. (He says a glandular condition keeps him small like a baby, allowing him to play the part. At the end of the spot, he tells listeners that he needs to go and get his chest waxed because nobody likes a hairy baby.)
Additionally, the Mexican fast-food chain recently hired Eugene, Ore.-based Taco Time’s Tim Hackbardt, as its new vice president of marketing, replacing Annette Shehan, who left in the fall to join Santa Barbara Restaurant Group. Hackbardt was vice president of marketing for the 400-unit Taco Time. In 1995, he was marketing director for the now defunct Wok Spirit Chinese restaurant chain in Newport Beach.
Privately held Del Taco has 340 stores in 10 states and has estimated annual sales of $325 million.
