The Eat More Kale Lawsuit Ends in Victory for Small Business Owner

Bo Muller-Moore had been printing t-shirts with the “Eat More Kale” slogan for years when he received a cease-and-desist letter from major fast-food chain Chick-fil-A. They claimed that “Eat More Kale” was too similar to their trademarked phrase “Eat Mor Chikin.” With implications that they deserved to own his website and all inventory, as well as including a list of 30 other small businesses they had successfully bullied for similar trademark conflicts, they told Muller-Moore to stop using his phrase.

As a result, when Muller-Moore decided to trademark his slogan for protection, he was met with initial resistance from the U.S. Patent and Trademark Office. But, after urges from Vermont government leaders, the USPTO later changed their minds and ruled in Bo’s favor. 

The case brought to light the corporate bullying that takes place between billion dollar businesses and small family business owners like Bo. His victory is celebrated by local food supporters and small business owners alike. 

Read national media coverage of the Eat More Kale lawsuit below:

Time Magazine: https://time.com/3631523/eat-more-kale-slogan-chik-fil-a/

Forbes: https://www.forbes.com/sites/christinapark/2014/12/15/chick-fil-a-fails-to-stop-eat-more-kale-trademark/?sh=68f8cf8d2adf

HuffPost: https://www.huffpost.com/entry/eat-more-kale-chick-fil-a_n_6317366

NPR: https://www.npr.org/2016/01/18/463503914/eat-more-kale-artist-on-chick-fil-as-embrace-of-the-leafy-green

New York Times: https://www.nytimes.com/2011/12/05/us/eat-more-kale-t-shirts-challenged-by-chick-fil-a.html

AdWeek: https://www.adweek.com/brand-marketing/chick-fil-loses-legal-battle-block-eat-more-kale-t-shirts-161984/

The Economist: https://www.economist.com/business/2012/03/24/shut-your-kale-hole