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‘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

#11

Post by mynameishere »

dromidas wrote: post #7

I 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).

I can't fathom why anyone would buy a shirt with a slogan as stupid as "Eat More Kale" unless there was an understood vegetarian contrast to the "Eet Moar Chikin" slogan, which is in fact very well-known.

Re: ‘Eat More Kale’ Company Is Losing Against Chick-Fil-A in Trademark Battle

#13

Post by rayiner »

dromidas wrote: post #7

I 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).

Eat Mor Chikin is a popular (and quite original) series of advertisements, and "Eat More Kale" is clearly an attempt to play off that slogan.

Re: ‘Eat More Kale’ Company Is Losing Against Chick-Fil-A in Trademark Battle

#14

Post by rayiner »

bluedino wrote: post #6

This 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.

See: http://www.lfiplaw.com/articles/trademark_parody.htm

Re: ‘Eat More Kale’ Company Is Losing Against Chick-Fil-A in Trademark Battle

#15

Post by anigbrowl »

dromidas wrote: post #7

I 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).

Although I am no fan of the company, in this case you're wrong and they're right. This is a very successful brand campaign that started in 1995.

http://www.chick-fil-a.com/Cows/Campaign-History

Re: ‘Eat More Kale’ Company Is Losing Against Chick-Fil-A in Trademark Battle

#16

Post by rayiner »

ars wrote: post #2

Is it really possible to trademark a sentence where the plain meaning of the sentence is something that people would ordinarily say?

Yes, but such trademarks are necessarily harder to defend because you have to show that consumers associate the term with a specific brand, not just the meaning of the words. This case is pretty easy, though, because nobody would use "Eat More Kale" as a marketing slogan unless it was an intentional play on Chick-fil-A's popular and widespread "Eat Mor Chikin" campaign.

Re: ‘Eat More Kale’ Company Is Losing Against Chick-Fil-A in Trademark Battle

#17

Post by anigbrowl »

ars wrote: post #2

Is it really possible to trademark a sentence where the plain meaning of the sentence is something that people would ordinarily say?

Yes, but you have to work at it. If I apply for a trademark on the phrase 'what's going on' I'll get nowhere. But supposing I have a website or magazine that provides listings of interesting local events (ie 'what's going on' in your area) and I work hard at developing that brand and building an association with my service, then my chances are much better.

Re: ‘Eat More Kale’ Company Is Losing Against Chick-Fil-A in Trademark Battle

#18

Post by graeme »

rayiner wrote: post #13
dromidas wrote: post #7

I 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).

Eat Mor Chikin is a popular (and quite original) series of advertisements, and "Eat More Kale" is clearly an attempt to play off that slogan.

How is it clearly an attempt to play off that slogan?

I hadn't heard of the slogan, and 'Eat More Kale' just sounded like it was playing off the pro-Kale zeitgeist of our times.

Both vegetarian and paleo diet eaters love Kale (to use two opposite diets as examples), and it's all the rage in trendy urban areas.

Re: ‘Eat More Kale’ Company Is Losing Against Chick-Fil-A in Trademark Battle

#20

Post by graeme »

mynameishere wrote: post #11
dromidas wrote: post #7

I 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).

I can't fathom why anyone would buy a shirt with a slogan as stupid as "Eat More Kale" unless there was an understood vegetarian contrast to the "Eet Moar Chikin" slogan, which is in fact very well-known.

Kale is popular outside of vegetarian circles. Paleo dieters love it too.

A friend who lives in my neighborhood commented that they've seen three 'I love Kale' bumper stickers. It's quite a popular vegetable these days, especially among those too young to remember the 'eet moar chikin' campaign.

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