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Eat More Anything?

Posted in Advertising, Branding, Food, Infringement, Marketing, Television, Trademark Bullying, Trademarks, TTAB

An allegation of trademark bullying is in the news again, this time Chick-fil-A is the accused Goliath – charged with overreaching in its enforcement efforts relating to intellectual property rights in the very clever and creative EAT MOR CHIKIN a/k/a The Cow Campaign and advertisements:

Perhaps you’re wondering what aspect of the Cow Campaign Chick-fil-A is seeking to protect?

Perhaps you’re also wondering who David is, right?

Turns out ”David” answers to “Bo” and he lives in Vermont, where farmers grow a lot of kale.

I’m told that if we were all to eat more kale, we’d all be more healthy.

There is a lot of protectable intellectual property in Chick-fil-A’s very creative and clever Eat Mor Chikin & Cow Campaign, but trademark infringement allegations relating to Robert “Bo” Muller-Moore’s Eat More Kale slogan appear — to me – to be baseless:

            

The Burlington Free Press coverage is here, and Seven Days coverage is here.

Anyone out there willing to take Chick-fil-A’s side on this one?

 

 

  • David Mitchel

    No Steve, I won’t be taking Chick-fil-A’s side. But then again, I have no legal expertise. My opinion only comes from the brand management perspective.
    I perceive a distinct difference between Eat More Kale and Eat Mor Chikin. However, all brand management professional should be aware of the legal implications of branding actions.
    Nevertheless, the Kale guy has gotten a lot of free publicity out of this. I’m not one to believe that all publicity is good publicity, but this publicity isn’t bad publicity and will certainly build brand awareness for him.

  • Vicky Gould

    Where can we buy an “Eat More Kale” shirt or other product. Love it!

  • Tom Casagrande

    Got Bullying? Maybe CFA is concerned that its EAT MORE CHIKIN will be abused by a growing wave of EAT MORE ____ rip-offs (like GOT ______, ______ INSIDE, ______ -R-US, etc., but if so, targeting this hemp-wearing kale guy is a poor choice for an opening salvo. The potential for bad PR is huge. CFA would be better off targeting a more obvious infringer, such as someone using a similar scratchy font or using animal protagonists.

  • Steve Baird

    David, Vicky, and Tom, thanks for stopping by and sharing your insights and perspectives!
    Still no one prepared to make the case for Chick-fil-A that pursuing the “Eat More Kale” phrase constitutes legitimate trademark enforcement?

  • jopy

    Eat Less Chik Fil A.

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