‘Eat More Kale’ Company Is Losing Against Chick-Fil-A in Trademark Battle
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Re: ‘Eat More Kale’ Company Is Losing Against Chick-Fil-A in Trademark Battle
#2Is it really possible to trademark a sentence where the plain meaning of the sentence is something that people would ordinarily say?
Re: ‘Eat More Kale’ Company Is Losing Against Chick-Fil-A in Trademark Battle
#3Is it really possible to trademark a sentence where the plain meaning of the sentence is something that people would ordinarily say?
"Just Do It" is only one example of many that prove it is indeed possible.
Re: ‘Eat More Kale’ Company Is Losing Against Chick-Fil-A in Trademark Battle
#4Is it really possible to trademark a sentence where the plain meaning of the sentence is something that people would ordinarily say?
Interesting question -- googled this which answers it pretty well:
Additionally, unless the slogan is in itself inherently distinctive and qualifies as a mark in itself, the USPTO requires that the slogan be identified with the product or service so that the consuming public, upon hearing the slogan, relates it to the particular product or service. This requirement means that the slogan has developed what the law refers to as a “secondary meaning.” The best examples of this type of slogan are “Just Do It” (Nike) and “Finger Lickin’ Good (KFC).
Re: ‘Eat More Kale’ Company Is Losing Against Chick-Fil-A in Trademark Battle
#5Is it really possible to trademark a sentence where the plain meaning of the sentence is something that people would ordinarily say?
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Re: ‘Eat More Kale’ Company Is Losing Against Chick-Fil-A in Trademark Battle
#6This would be equivalent to "Where's the chicken?" (Wendy's "Where's the beef?"), right?
Couldn't it just be classified as a parody? It seems silly to not allow them to use something because it's similar.
Re: ‘Eat More Kale’ Company Is Losing Against Chick-Fil-A in Trademark Battle
#7I had no idea that Chick-Fil-A had a slogan, let alone that it was that retarded. "Eet Moar Chikin" or something like that? What the hell. How is "Eat More Kale" even similar? One is clearly serious (Kale) and the other is clearly trying to sound like ICanHazCheezeburger (Chick-fil-A).
Re: ‘Eat More Kale’ Company Is Losing Against Chick-Fil-A in Trademark Battle
#8I seem to recall the milk industry getting their panties in a wad over the up tic in "Got ?" usage. I don't see that going away so perhaps the milk industry lost that battle? This seems the same to me.
Re: ‘Eat More Kale’ Company Is Losing Against Chick-Fil-A in Trademark Battle
#9I had no idea that Chick-Fil-A had a slogan, let alone that it was that retarded. "Eet Moar Chikin" or something like that? What the hell. How is "Eat More Kale" even similar? One is clearly serious (Kale) and the other is clearly trying to sound like ICanHazCheezeburger (Chick-fil-A).
FWIW (though not particularly relevant to the case), the Chick-Fil-A slogan is from a (very successful) advertising campaign that goes back to the mid-90s. It's definitely not trying to imitate internet memes.
But I'm very surprised that, given the integral nature of the misspellings (the cows did not get a great education) in the Chick-Fil-A version, this could be seen as infringing.
Re: ‘Eat More Kale’ Company Is Losing Against Chick-Fil-A in Trademark Battle
#10I had no idea that Chick-Fil-A had a slogan, let alone that it was that retarded. "Eet Moar Chikin" or something like that? What the hell. How is "Eat More Kale" even similar? One is clearly serious (Kale) and the other is clearly trying to sound like ICanHazCheezeburger (Chick-fil-A).
The "Eat Mor Chikin" campaign (and the cows) long pre-date anything to do with ICanHazCheezeburger. I remember driving on the highways in Atlanta in the late 1990s seeing the billboards everywhere and always commenting to my girlfriend at the time, "wow, that campaign is really played out at this point!"
I don't remember when, specifically, that it started--but I do remember it was the early-to-mid-90s.