Bo Muller-Moore
Robert "Bo" Muller-Moore[1] is a silk screen artist based in Montpelier, Vermont,[2][3] known for a legal dispute with fast food company Chick-fil-A.[4]
Background
[edit]Circa 2000, Muller-Moore, at the instigation of a kale-farming friend, created a design featuring the phrase "Eat More Kale", and started to print t-shirts bearing the design.[5]
In 2011, Muller-Moore's application for a federal trademark to protect the "Eat More Kale" design drew an objection from Chick-fil-A.[4] Chick-fil-A contended that the phrase infringed on its trademark, "Eat Mor Chikin,"[4] and ordered Muller-Moore to give his website to Chick-fil-A.[6]
Chick-fil-A's actions resulted in a Streisand effect.[7] Muller-Moore received national press coverage,[8] vocal support from the then-governor of Vermont, Peter Shumlin,[4] and a sharp upturn in t-shirt sales.[9] Chick-fil-A's actions were portrayed as corporate bullying.[10][11][12][13]
Documentary
[edit]Muller-Moore raised funds via Kickstarter to create a documentary film about his efforts, originally to be titled A Defiant Dude it was changed to Vermont and the Big Green Nothing after the filmmaker uncovered Bo misleading the public on exactly what Chic-fil-A had done to stop him. (the film has since been completed but it's waiting for someone to pick it up for distribution.[14])
Legal actions
[edit]In 2013, U.S. Patent and Trademark Office (USPTO) issued a preliminary "no" verdict against Muller-Moore's trademark application,[15] resulting in speculation by trademark attorneys that Chick-fil-A's objections would prevail.[16] In 2014, the USPTO reversed its preliminary decision and ruled to give "Eat More Kale" trademark protection.[17][18][19][20]
Muller-Moore's response to Chick-fil-A's trademark infringement accusations is now referenced in several academic discussions of intellectual property law and business ethics.[21][22][23]
Similar case
[edit]Chick-fil-A's approach drew comparisons to a 2009 dispute in which representatives of the Monster Energy beverage brand attempted to prevent Vermont's Rock Art Brewery from marketing a beer called "Vermonster."[8] That dispute inspired a boycott of Monster drinks by one of Vermont's largest beverage outlets and legislation by Vermont's senators, Bernard Sanders and Patrick J. Leahy.[8] Rock Art Brewery was ultimately able to continue to market Vermonster.[8][3][6]
References
[edit]- ^ Bobkoff, Dan (September 5, 2013). "What Elevated Kale From Vegetable To Cultural Identifier?". NPR.
- ^ Doctorow, Cory (March 25, 2012). "Chick-Fil-A threatens guy who made "Eat More Kale" shirts; he fights back with a Kickstarter documentary / Boing Boing". boingboing.net.
- ^ a b Ring, Wilson (November 28, 2011). "Eat more kale: A David vs. Golaith fight with Chick-fil-A?" – via Christian Science Monitor.
- ^ a b c d Carapezza, Kirk (December 6, 2011). "Chicken Vs. Kale: Artist Fights Chick-Fil-A Suit". NPR.
- ^ Shea, Courtney (July 7, 2015). "How kale surpassed trend status to permanent superfood". The Star.
- ^ a b AP Nov. 28, 2011, 9:24 AM 451 (November 28, 2011). "Chick-Fil-A Is Taking Legal Action Against This Vermont Artist For Selling Shirts That Say 'Eat More Kale'". Business Insider. Retrieved April 22, 2018.
{{cite web}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link) - ^ "World Trademark Review". www.worldtrademarkreview.com.
- ^ a b c d Bidgood, Jess (December 4, 2011). "'Eat More Kale' T-Shirts Challenged by Chick-fil-A" – via NYTimes.com.
- ^ "Who Owns Kale?". National Geographic. September 28, 2016.
- ^ "Vermont's 'Eat More Kale' guy wins trademark fight with Chick-fil-A". Chicago Tribune. December 12, 2014.
- ^ "Shut your kale-hole". The Economist. March 24, 2012.
- ^ Clauss, Kyle Scott (June 1, 2015). "Facebook Wants a Vermont Startup to Drop 'Book' from Its Name". Boston Magazine.
- ^ Bouchoux, Deborah E. (February 5, 2017). Aspen Handbook for Legal Writers: A Practical Reference. Wolters Kluwer Law & Business. ISBN 9781454888109 – via Google Books.
- ^ "Kale Documentary". James Lantz.
- ^ "Patent office protects Chick-fil-A's 'Eat mor chikin'". Wisconsin Gazette. April 23, 2013.
- ^ Kim, Caroline (April 25, 2013). "'Eat More Kale' Company Is Losing Against Chick-Fil-A in Trademark Battle". finance.yahoo.com.
- ^ Lara, Georgieff (December 16, 2014). "Chick-fil-A Loses Legal Battle to Block 'Eat More Kale' T-shirts". www.adweek.com.
- ^ Atler, Charlotte (December 12, 2014). "Vermont Man Wins Right to Use 'Eat More Kale' Slogan, Despite Chick-Fil-A Objections". Time.
- ^ Ohlheiser, Abby (December 12, 2014). "'Eat More Kale' Guy wins trademark battle with Chick-fil-A. Vermont rejoices, naturally" – via www.washingtonpost.com.
- ^ Pinkham, C.A. (December 13, 2014). "Chick-Fil-A Loses Absurd Trademark Battle Against Tiny Vermont Company". kitchenette.jezebel.com.
- ^ Port, Kenneth L. (2015). "Trademark Extortion Revisited: A Response to Vogel and Schachter". Mitchell Hamline Open Access.
- ^ Orozco, David (Winter 2016). "Using Social Media in Business Disputes" (PDF). MIT Sloan Management Review. 57: 33–35.
- ^ Kiser, Jessica M. (2013–2014). "To Bully or Not to Bully: Understanding the Role of Uncertainty in Trademark Enforcement Decisions". Columbia Journal of Law and the Arts – via HeinOnline.