Del Taco is moving forward with its new ad campaign featuring a swashbuckling spokesman despite a pending lawsuit claiming the character too closely resembles Zorro.
The Mexican-style fast-food chain earlier this month broke a new 10-second spot (shown here) from WongDoody featuring the eponymous spokesman introduced in June. In it, the masked hero emerges from an Old West building and wiggles briefly. The picture freezes into a red hue, recalling images from old spaghetti westerns, and the voiceover asks, "Was it him they loved, or his 39-cent tacos?"
The tagline remains, "Del Taco. Bringing better Mexican food to the people."
TriStar Pictures and Zorro Productions recently filed suit in Los Angeles federal court claiming the character infringes on the Zorro trademark and trade dress. They want the ads pulled and are seeking more than $1 million in damages.
A representative of Del Taco, Laguna Hills, Calif., said the company will refute the charges. "[Del Taco] is definitely a distinctive personality," she said.