Dallas (WBAP/KLIF) – A battle is brewing under the radar over an iconic Texas slogan.
Seems El Fenix Restaurant has borrowed from TxDOT’s inconic ‘Don’t Mess With Texas‘ anti-little slogan, and come up with ‘ Don’t Mess With Tex-Mex.’ You may have seen the slogan on billboards and painted on El Fenix restaurants around the metroplex.
Use of the slogan is not without controversy as TxDOT tells us that it denied El Fenix use of any variation of the slogan back in August 2017.
In an email statement to WBAP/KLIF TxDOT said:
“TxDOT recently became aware of the “Don’t Mess With Tex Mex” slogan being used by the El Fenix restaurant. As TxDOT owns the “Don’t mess with Texas” slogan as the brand for its anti-litter campaign, we think El Fenix’s appropriation of our slogan infringes upon and dilutes the value of our trademark.”
In keeping with the intended anti-litter message of our trademarked brand, TxDOT, in August of 2017, denied El Fenix’s request to license “Don’t mess with Texas” as the basis for the restaurant’s “Don’t Mess With Tex Mex” slogan. TxDOT will be in contact with El Fenix to address the issue.”
A month later, El Fenix’s parent company, Firebird Restaurant Group filed for a ‘Don’t Mess With Tex-Mex’ trademark.
WBAP/KLIF had previously reached out to El Fenix for comment via phone and messages through its online portal to no avail.
Since the release of our story El Fenix made the following email statement to WBAP/KLIF:
“We pride ourselves on the fact that Tex-Mex and Texas have become so closely associated over the past 100 years, but not when it comes to trademark law. El Fenix’s ‘Don’t Mess with Tex-Mex’ campaign is singularly focused on a celebration of our authentic recipes and clearly can’t be confused with TxDOT’s anti-litter campaign. We think our friends at TxDOT will have a change of heart if they come share a delicious enchilada meal and margaritas with us. Our treat!”
The State of Texas has since chimed in according to Arlington trademark and copyright expert, Attorney Warren Norred of Norred Law, who says, on April second the State of Texas filed a request with the trademark office requesting 90 days to consider opposing the mark. The request was granted and the state now has until July 11th do file an opposition.
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