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