In August, Bo Muller-Moore applied for a federal trademark for the phrase “Eat More Kale”. Moore has been using this phrase on t-shirts and eventually on his website, eatmorekale.com, since 2000. In September, Chick fil-A filed to block Muller-Moore’s trademark application, claiming that it conflicts with its slogan and website eatmorchikin.com.
This is not the first time that Muller-Moore has had a run-in with Chick fil-A. According to Seven Days, six years after Muller-Moore started selling his “Eat More Kale” t-shirts, he received a cease and desist letter from Chick fil-A. Muller-Moore responded by saying that he planned to continue using the phrase. He never heard back from Chick fil-A until they filed to block his trademark application this September.
Seven Days points out the significant difference in scale between the two organizations. Chick fil-A made $3.58 billion from its 1,560+ locations in 2010, while Muller-Moore still doesn’t make enough money off of his “Eat More Kale” logo to support himself.
This seems eerily similar to the time that the National Pork Board sent a cease and desist order to Jennifer Laycock, the blogger known as “The Lactivist,” for selling t-shirts that that referred to breastmilk as “the other white milk.” In its letter, the pork board claimed that the t-shirts Laycock was selling via her Cafepress store, were a violation of the National Pork Board’s trademarked phrase “the other white meat.” In the end, Laycock agreed to stop selling the shirts and switched to shirts that said “Breast: the original white milk” instead.
Does kale really present a business threat to Chick fil-A? Does breastmilk really present a business threat to pork? Or are these lawsuits more about big corporate players asserting their power over the little guy?
Disclaimer: The views expressed above are solely those of the author and may
not reflect those of
Care2, Inc., its employees or advertisers.
Problem on this page? Briefly let us know what isn't working for you and we'll try to make it right!