Readers will know I have recently developed an affinity for kale chips. At first I was a bit afraid of the big, poky, dark green bunches of kale that came with our weekly CSA share. I’d been seeing my friends and fellow Vermonters with their Eat More Kale shirts and stickers, had met the maker of these shirts, and felt emboldened to bring kale into my family’s diet.
“Muller-Moore is to immediately abandon his application for a U.S. trademark. He is to “cease and forever desist” all plans to use the phrase “Eat More Kale” for his business. And he is to arrange for the transfer of the eatmorekale.com domain name to Chick-fil-A.
“We note that Chick-fil-A would not object to your client’s uses of “Eat Kale” or eatkale.com,” Reggy writes, giving Muller-Moore seven days to comply or face “all available remedies,” including opposition to Muller-Moore’s application for a U.S. trademark.
They are actually suggesting that people will confuse the phrase Eat More Kale with Eat Mor Chikin. Seriously. How stupid do they think Americans are? Wait, don’t answer that, think about this:
- the nearest Chik-fil-A is 120 miles away and not in Vermont
- the actual words of the two sayings are not the same at all (apparently there is some oh so clever ad with “semi-literate” cows writing the “Eat Mor Chikin” saying on billboards)
- Eat More Kale represents local agriculture, farmer’s markets, and whole foods– um, not fast food. Hard to confuse, even for the brightest of we Americans!
What do you think about this, readers?