[MRRiley]

http://www.openforum.com/articles/why-is-a-fast-food-giant-going-after-a-one-man-business/
http://www.economist.com/node/21551090

Chick-Fil-A is trying to force Bo Muller-Moore of Vermont to stop selling "Eat More Kale" t-shirts because they claim the phrase infringes upon their "Eat Mor Chikin" slogan. Seems they have also gone after slogans as innocuous as "Eat More Produce" or "Eat More Goat" more than 30 times.

Now, I'm all for defense of intellectual property, but face it, "Eat More ...." is hardly a unique string of english words, and should only be protected in combination with other visual or contextual elements. If Mr. Muller-Moore included images of Tomatos holding up "Eat More Kale" signs then I could stretch far enough to believe he might be trying to profit off of an association with Chick-Fil-A, but that is not the case here. I could even see it if he opened up a fast food Kale restaurant, but that's not the case either.

How many times did each of us hear our mom's tell us that we needed to "eat more vegetables" when we were growing up? I bet you couldn't count em... yet these did not infringe upon Chick-Fil-A's marketing strategy.

This sounds a lot like when Harley Davidson tried to patent and trademark the "potAto potAto potAto" sound made by their V-twin engines several years ago. Had Harley won, no other motorcycle engine manufacturer could have produced a V-twin engine without paying Harley a royalty since the distinctive sound is a mechanical result of the V-twin engine design. Fortunately Harley lost and thousands of Hondas, Yamahas Suzukis and other motorcycles can sound like potahto potahto potahto without forking over extortion money to Harley.

Trademark protection using common english words or phrases must be narrowly construed and should only apply in the market segment occupied by the trademark holder. Chick-Fil-A going after this guy would be like Microsoft going after a window repair company because their slogan is "We do Windows!" Microsoft has successfully prevented certain companies from using "Windows" but most of these cases were clear attempts by competitors in their market segment to infringe on both the word "Windows" and the associated interface, imagery and/or graphics (especially ironic since Microsoft stole "windows" from Apple in the first place).

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Last edited by MRRiley; 11-26-2012 at 12:55 PM.

[p38arover]

This sounds a lot like when Harley Davidson tried to patent and trademark the "potAto potAto potAto" sound made by their V-twin engines several years ago. Had Harley won, no other motorcycle engine manufacturer could have produced a V-twin engine without paying Harley a royalty since the distinctive sound is a mechanical result of the V-twin engine design. Fortunately Harley lost and thousands of Hondas, Yamahas Suzukis and other motorcycles can sound like potahto potahto potahto without forking over extortion money to Harley.

Thank goodness my Suzuki V-twin V-Strom sounds nothing like a Harley. I suspect that characteristic HD sound was a product of crankshaft layout and firing pattern not purely because it is a V-twin.

Re trademarking, you are right. There was a case here a while back where Cadbury chocolates tried to trademark the colour purple!

[Blue]

Radio Shack was successful back in the 80s in forcing Auto Shack to change their name to AutoZone. In the long run, not a bad name.

[Tom S.]

Anyone here old enough to remember the computer type-in game called Zork? The New York Times went after them after they named a newspaper in the game New Zork Times.

[Colbyt]

If his shirts are spelled more and not mor he should win and deserves to do so.

[Ex Finn.]

If his shirts are spelled more and not mor he should win and deserves to do so.

Good catch. And if so, then it is a time to counter-sue and stick-it-to-the-chic-en.

[Phil1]

I would guess if the script is similar to the chicken's script, mis-spelling and font with the same colors they may have something to talk about. In any event, the kale fan has to defend the case or settle. That's why we have more starving lawyers than illegals.

[MRRiley]

I would guess if the script is similar to the chicken's script, mis-spelling and font with the same colors they may have something to talk about. In any event, the kale fan has to defend the case or settle. That's why we have more starving lawyers than illegals.

vs

No similarity other than that "Eat" is spelled correctly in both. "More" and "Kale" are spelled correctly and the font is totally different...

[cardinal43]

Radio Shack was successful back in the 80s in forcing Auto Shack to change their name to AutoZone. In the long run, not a bad name.

Good thing Radio Shack didn't go after the Donut Shack we had in my home town when I was a teenager.

[Parallax]

Were donuts invented that long ago?

[riff]

Monster Cable is possibly the worst for this nonsense, Starbucks is another.

I avoid both, no Chick-Fil-A here bit they are added to my list.

[MRRiley]

Monster Cable is possibly the worst for this nonsense, Starbucks is another.

I avoid both, no Chick-Fil-A here bit they are added to my list.

I wonder if Starbucks stole their name from Battlestar Gallactica or from Moby Dick? Either way, it has little if anything to do with coffee.

[RobA_Oz]

Thank goodness my Suzuki V-twin V-Strom sounds nothing like a Harley. I suspect that characteristic HD sound was a product of crankshaft layout and firing pattern not purely because it is a V-twin.

I thought it was down to the cost-saving design measure of attaching both con-rods to the one crank pin. Guaranteed inefficiency, but cheap to manufacture, and who cared when fuel was cheap?

The best description of the characteristic note of the HD (notice how no-one calls it a "Davidson", even though he was the main designer?) was in one of the more reputable UK papers, where they described it as an "industrial fart". Mind you, they were reviewing the Moto Guzzi California at the time, and you can't fault the Italians for beautiful exhaust noise.

"Chick Fil-A"? Is that meant to be English? They should try for trademark protection in France, and see how far they get!

[mikeSF]

Chick Fil-A is on my permanent boycott list anyhow...as is Monster Cable...and a few others.

[Clay]

MRRiley: Starbucks did come from Moby Dick. Have an article somewhere about why they chose the first mate's name.

Will post if I find it.

Best regards,

/Clay