Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Eat More Kale Trademark Dispute Is A David vs. Goliath Situation

Author: Fred D. Zemel

Date: January 23, 2015

Key Contacts

Back

The battle over the Eat More Kale trademark appears to be over. After a much-publicized dispute with fast-food company Chick-fil-A, a Vermont small business owner can now take the final steps to perfect his federal trademark.

The trademark row started in early 2011 when folk artist Bo Muller-Moore filed for trademark protection for use of the phrase on hand-screened t-shirts, which are sold in Vermont and across the country via the Eat More Kate website. Chick-fil-A subsequently sent Muller-Moore a cease and desist letter, which demanded that Moore stop using the mark because it is too similar to the company’s trademarked “Eat Mor Chickn” slogan.

In response to the demand letter, which cited 30 other instances where companies agreed to stop using similar slogans, Moore took to social media, where he garnered nearly 15,000 Facebook fans. In addition, more than 42,000 supporters signed an online petition, which called for Chick-fil-A to “stop bullying small business owners.”

In an attempt to protect its trademark, Chick-fil-A also filed a letter of protest with the U.S. Patent and Trademark Office, which preliminarily agreed that there was a likelihood of confusion between Muller-Moore’s mark and Chick-fil-A’s advertising slogan. According to the examiner, “The marks urge action in the same way, only as to different substances, and both of them are commonly consumed types of food.”

As previously discussed on the Scarinci Hollenbeck Business Law Blog, the USPTO may refuse to grant trademark protection for marks that are likely to cause confusion with existing marks. Factors that are taken into consideration include: the similarity or dissimilarity of the marks in their entirety as to appearance, sound, connotation, and commercial impression; similarity or dissimilarity of established, likely-to-continue trade channels; the fame of the prior mark; and the nature and extent of any actual or potential confusion.

Over a three-year period, Moore not only generated public support, but was also able to convince the USPO that a likelihood of confusion did not exist. In December, the USPTO issued a Notice of Allowance for the “Eat More Kale” mark, after no opposition was received when the mark was formally published.

Ultimately, Chick-fil-A decided to abandon its opposition to the trademark, likely for business rather than legal reasons. Its depiction of a corporate bully was far more damaging than the potential brand dilution. The fast-food company even attempted to interject humor into the situation by releasing a statement that “cows love kale too!”  

As the case regarding the Eat More Kale dispute highlights, trademarks are valuable to businesses of all sizes. For more information about prosecuting a trademark application or defending your registered mark, please contact one of our experienced intellectual property lawyers.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Scarinci Hollenbeck Expands NYC Real Estate and Litigation Practices ADDING four litigators post image

Scarinci Hollenbeck Expands NYC Real Estate and Litigation Practices ADDING four litigators

NYC Real Estate and Litigation Attorney Ryan O. Miller and Team Join Scarinci Hollenbeck, LLC New York City, NY – August 13, 2025 – Scarinci Hollenbeck, LLC has strengthened its Real Estate and Litigation practices with the addition of four New York City-based attorneys. Ryan Miller, who joins as a partner, is well known for […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Expands NYC Real Estate and Litigation Practices ADDING four litigators"
What is Business Law and Why Is it Important? post image

What is Business Law and Why Is it Important?

Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]

Author: Dan Brecher

Link to post with title - "What is Business Law and Why Is it Important?"
Corporate Transactions: Best Practices for Successful Deals post image

Corporate Transactions: Best Practices for Successful Deals

Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]

Author: Dan Brecher

Link to post with title - "Corporate Transactions: Best Practices for Successful Deals"
How to Conduct a Fair and Legal Employee Termination in 2025 post image

How to Conduct a Fair and Legal Employee Termination in 2025

Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]

Author: Angela A. Turiano

Link to post with title - "How to Conduct a Fair and Legal Employee Termination in 2025"
Admin Dissolution for Annual Report: What You Need to Know post image

Admin Dissolution for Annual Report: What You Need to Know

While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]

Author: Dan Brecher

Link to post with title - "Admin Dissolution for Annual Report: What You Need to Know"
What Is Antitrust Litigation Law? post image

What Is Antitrust Litigation Law?

Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]

Author: Robert E. Levy

Link to post with title - "What Is Antitrust Litigation Law?"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!