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“Eat Mor Chikin” v. “Eat More Kale”

April 18, 2012 In Blog, Trademark By Hannah Steinblatt

“Eat Mor Chikin” v. “Eat More Kale”

Vermont businessman Bo Muller-Moore’s 6-year ongoing battle against Chick-fil-A took an unexpected turn this week when the U.S. Patent and Trademark Office sided with the chicken chain. The office issued a preliminary decision supporting Chick-fil-A’s assertion that Muller-Moore’s popular “Eat More Kale” t-shirt and related merchandise infringes on its trademarked “Eat Mor Chikin” advertising slogan.

The company filed a letter of protest with the PTO on Tuesday of last week, and the office issue the decision the next day.  The examining attorney stated that there is a likelihood that consumers would confuse the sources of the two phrases.Muller-Moore’s attorney has six months to respond to the preliminary decision or else it becomes permanent, which would lead to a rejection of Muller-Moore’s application for a  trademark on his Eat More Kale slogan. His attorney remains confident that the application will succeed.

*For a more in depth discussion of this issue, and trademark bullying generally, stay tuned for forthcoming article by Irina Manta in Book IV!

Hannah Steinblatt

Hannah Steinblatt is a 3L at Fordham Law. She grew up on Long Island and currently resides in Brooklyn (but not the cool part) with her husband. She likes art, fashion, poodles, and grammar. She also has an unhealthy obsession with ketchup. Hannah hopes to pursue a career in litigation.