Hey Chick-fil-A? Eat This!

Bo Muller-Moore runs a business out of his home,  built around the words "eat more kale", which he calls an expression of the benefits of local agriculture. He even silkscreens his slogan on T-shirts and sweatshirts.

Eat more kale.

Nothing wrong there, right?

Not so, says Chick-fil-A, which holds the trademark to the phrase "eat mor chikin." And, in a letter sent to Muller-Moore, a lawyer for Chick-fil-A said his use of the words 'eat more kale' "is likely to cause confusion of the public and dilutes the distinctiveness of Chick-fil-A's intellectual property and diminishes its value."

Dilute the distinctiveness of a multi-million dollar, rabidly homophobic, by the way, company?

Chick-fil-A has a long history of guarding--or being total bitches--its trademark, and the letter listed 30 examples of attempts by others to co-opt the use of the "eat more" phrase that were withdrawn after Chick-fil-A protested. The letter ordered Muller-Moore to stop using the phrase and turn over his website, eatmorekale.com, to Chick-fil-A.

WTF!

Bo Muller-Moore isn't playing: "Our plan is to not back down. This feels like David versus Goliath. I know what it's like to protect what's yours in business."  Muller-Moore has enlisted the help of Montpelier lawyer Daniel Richardson and the intellectual property clinic at the University of New Hampshire School of Law's Intellectual Property and Transaction Clinic to fight the Big Chicken.

Daniel Richardson says: "Bo's is a very different statement. It's more of a philosophical statement about local agriculture and community-supported farmers markets. At the end of the day, I don't think anyone will step forward and say they bought an 'eat more kale' shirt thinking it was a Chick-fil-A product."

Chick-fil-A spokesman Don Perry said the company does not comment on pending legal matters. 

Foot stomp, neck-snap.

Vermont Law School professor Oliver Goodenough, who specializes in intellectual and property law, said the kale versus "chikin" fight reminded him of a case two years ago, when a Morrisville microbrewer that makes a beer called "Vermonster" ran afoul of the Monster energy drink company. That case was settled when the makers of Vermonster agreed never to go into the energy drink business. He added that there was little likelihood consumers would confuse kale with chicken.

Ya think.

This is just a case of the 1%--and a rabidly homophobic 1%--stepping on the 99% and I, for one, will EAT MORE KALE. And i'll stop in at eatmorekale.com to buy a shirt, sign his petition fighting the Big Chicken, and say Hi to Bo.

source