MONTPELIER, Vt. — A folk artist who became a folk hero to some after picking a fight with fast-food giant Chick-fil-A over use of the phrase “eat more kale” — similar to their trademarked “eat mor chikin” — has won his legal battle.

Bo Muller-Moore said Friday outside the Statehouse that the U.S. Patent and Trademark Office had granted his application to trademark “eat more kale,” a phrase he says promotes local agriculture. He silk-screens the phrase on T-shirts and sweatshirts and prints it on bumper stickers that are common in Vermont and beyond.

“I’ve called Chick-fil-A’s bluff on their cease-and-desist demands,” Muller-Moore said, speaking to about two dozen supporters — including Gov. Peter Shumlin — who wore green “eat more kale” stickers. “I am not ceasing and desisting. I am thriving, thanks to people like you and thanks to Vermont and people from beyond.”

Chick-fil-A uses the phrase in images that include cows holding signs with the misspelled phrase “eat mor chikin” because, as Chick-fil-A spokeswoman Carrie Kurlander put it, “when people eat chicken, they do not eat cows.”

Her response to the kale decision: “Cows love kale, too.”

Muller-Moore started using the phrase in 2001 after a farmer friend who grows the leafy vegetable that is known for its nutritional value asked him to make three T-shirts for his family for $10 each.

Advertisement

The phrase caught on and, with the approval of the farmer, Muller-Moore began putting it on clothing and bumper stickers.

In the summer of 2011, Muller-Moore sought to trademark the phrase. It was a short time later that Chick-fil-A sent Muller-Moore a letter telling him to stop using the phrase because the company felt it could be confused with “eat mor chikin.” In the letter, Chick-fil-A cited 30 examples of others who had tried to use the “eat more” phrase and withdrew it after the company objected.

But Muller-Moore refused. He used social media and won the support of state officials, including Shumlin and pro-bono lawyers, including law students from a legal clinic at the University of New Hampshire law school.

Shumlin said Friday that Muller-Moore was a shining example of Vermont’s independence and entrepreneurial spirit.

“This is more than just about a victory for ‘eat more kale,'” Shumlin said. “It’s a victory for grow local. It’s a victory for Vermont’s small food and farm agricultural renaissance, and it’s a victory for Vermont.”

Muller-Moore said his persistence increased his business, which took off the day after the governor’s first news conference with him three years ago. But he still considers it a good day when he sells 10 to 15 T-shirts, and he hasn’t quit his day job at a bakery.

“Chick-fil-A did me a bit of a favor: They handed me lemons, and I made lemonade,” he said.


Only subscribers are eligible to post comments. Please subscribe or login first for digital access. Here’s why.

Use the form below to reset your password. When you've submitted your account email, we will send an email with a reset code.

filed under: