Chick-fil-A Fails to Shut Down 'Eat More Kale' in Trademark Battle
Grow Your Business, Not Your Inbox
Kale – and small business – triumphed over Chick-fil-A in a trademark battle over the phrase "Eat More Kale."
Last week, the U.S. Patent and Trademark Office approved Bo Muller-Moore's request to trademark the phrase "Eat More Kale," reports the Associated Press. Muller-Moore has been making everything from t-shirts to stickers and Frisbees with the phrase stamped on them since 2001, to the disapproval of Chick-fil-A.
The chicken chain argued that the phrase "Eat More Kale" was too similar to their own misspelled slogan, "Eat Mor Chikin," a supposed request from cows hoping to cut down on beef consumption.
In 2011, when Muller-Moore first sought to trademark "Eat More Kale," Chick-fil-A sent him a letter requesting that he stop using the phrase. The company said that it had already successfully convinced 30 other companies to cut similar phrases from their marketing.
However, Muller-Moore refused to give into what he called "corporate bullying." All while keeping his day job at a bakery, the entrepreneur raised money for legal funds, winning support from Vermont Gov. Peter Shumlin and pro-bono lawyers.
"This is more than just about a victory for 'eat more kale,'" Shumlin said in a news conference on Friday. "It's a victory for grow local. It's a victory for Vermont's small food and farm agricultural renaissance, and it's a victory for Vermont."
Meanwhile, it looks like Chick-fil-A isn't taken the loss too hard. In response to the trademark decision, a Chick-fil-A spokesperson told the Associated Press, "Cows love kale, too."