It is perhaps the first time in memory that chicken and kale were the subject of comparison – as reported in the Associated Press, Chick-fil-A has gone after a Vermont artist and his mark EAT MORE KALE, alleging that there is a likelihood of confusion between this mark and Chick-fil-A’s own mark EAT MORE CHIKEN. Bo Muller-Moore, the artist in question, produces various goods with the phrase EAT MORE KALE printed on them. Muller-Moore states that his mark began as a statement on t-shirts supporting local farmers – kale apparently grows quite well in Vermont. Sale of the shirts took off, so Muller-Moore expanded his “kale” product line to include sweatshirts, bumper stickers and the like.
This isn’t the first time that Muller-Moore and Chick-fil-A have crossed paths. A few years ago, the two engaged in a battle of legal letters that eventually burned itself out. Muller-Moore continued making his products under the assumption that the issue had gone away. (more…)