Who is that masked man in Del Taco's new series of television commercials?
The Laguna Hills-based fast-food chain calls him "Del Taco," a swashbuckling hero who, according to its new advertising slogan, is "bringing better Mexican food to the people."
But TriStar Pictures and Zorro Productions Inc. are crying foul. They contend in a lawsuit filed in federal court in Los Angeles that the dashing masked man too closely resembles the Zorro character to which they hold the exclusive rights. The companies are suing Del Taco and the chain's Los Angeles advertising agency, WongDoody, to have the commercials yanked from the air. They are also seeking damages of more than $1 million.
In the suit, Zorro Productions said it owns all rights to trademarks and trade dress associated with Zorro and that TriStar is the exclusive licensee for use of Zorro trademarks in motion pictures, among other things.
