Bo Muller-Moore Explained

Robert "Bo" Muller-Moore[1] is a silk screen artist based in Montpelier, Vermont,[2] [3] known for a legal dispute with fast food company Chick-fil-A.

Background

Circa 2000, Muller-Moore, at the instigation of a kale-farming friend, created a design featuring the phrase "Eat More Kale", and started to print t-shirts bearing the design.[4]

In 2011, Muller-Moore's application for a federal trademark to protect the "Eat More Kale" design drew an objection from Chick-fil-A.[5] Chick-fil-A contended that the phrase infringed on its trademark, "Eat Mor Chikin,"[5] and ordered Muller-Moore to give his website to Chick-fil-A.[6]

Chick-fil-A's actions resulted in a Streisand effect.[7] Muller-Moore received national press coverage,[8] vocal support from the then-governor of Vermont, Peter Shumlin,[5] and a sharp upturn in t-shirt sales.[9] Chick-fil-A's actions were portrayed as corporate bullying.[10] [11] [12] [13]

Documentary

Muller-Moore raised funds via Kickstarter to create a documentary film about his efforts, originally to be titled A Defiant Dude it was changed to Vermont and the Big Green Nothing after the filmmaker uncovered Bo misleading the public on exactly what Chic-fil-A had done to stop him. (the film has since been completed but it's waiting for someone to pick it up for distribution.[14])

Legal actions

In 2013, U.S. Patent and Trademark Office (USPTO) issued a preliminary "no" verdict against Muller-Moore's trademark application,[15] resulting in speculation by trademark attorneys that Chick-fil-A's objections would prevail.[16] In 2014, the USPTO reversed its preliminary decision and ruled to give "Eat More Kale" trademark protection.[17] [18] [19] [20]

Muller-Moore's response to Chick-fil-A's trademark infringement accusations is now referenced in several academic discussions of intellectual property law and business ethics.[21] [22] [23]

Similar case

Chick-fil-A's approach drew comparisons to a 2009 dispute in which representatives of the Monster Energy beverage brand attempted to prevent Vermont's Rock Art Brewery from marketing a beer called "Vermonster."[8] That dispute inspired a boycott of Monster drinks by one of Vermont's largest beverage outlets and legislation by Vermont's senators, Bernard Sanders and Patrick J. Leahy.[8] Rock Art Brewery was ultimately able to continue to market Vermonster.[8] [3] [6]

Notes and References

  1. Web site: What Elevated Kale From Vegetable To Cultural Identifier?. Bobkoff. Dan. 2013-09-05. NPR.
  2. Web site: Chick-Fil-A threatens guy who made "Eat More Kale" shirts; he fights back with a Kickstarter documentary / Boing Boing. Doctorow. Cory. 2012-03-25. boingboing.net.
  3. Web site: Eat more kale: A David vs. Golaith fight with Chick-fil-A?. Ring. Wilson. 28 November 2011. Christian Science Monitor.
  4. Web site: How kale surpassed trend status to permanent superfood. Shea. Courtney. 2015-07-07. The Star.
  5. Web site: Chicken Vs. Kale: Artist Fights Chick-Fil-A Suit. Carapezza. Kirk. 2011-12-06. NPR.
  6. Web site: AP Nov. 28, 2011, 9:24 AM 451 . Chick-Fil-A Is Taking Legal Action Against This Vermont Artist For Selling Shirts That Say 'Eat More Kale' . Business Insider . 2011-11-28 . 2018-04-22.
  7. Web site: World Trademark Review. www.worldtrademarkreview.com.
  8. Web site: 'Eat More Kale' T-Shirts Challenged by Chick-fil-A. Jess. Bidgood. 4 December 2011. NYTimes.com.
  9. Web site: Who Owns Kale?. 2016-09-28. National Geographic.
  10. Web site: Vermont's 'Eat More Kale' guy wins trademark fight with Chick-fil-A. 2014-12-12. Chicago Tribune.
  11. News: Shut your kale-hole. 2012-03-24. The Economist.
  12. Web site: Facebook Wants a Vermont Startup to Drop 'Book' from Its Name. Clauss. Kyle Scott. 1 June 2015. Boston Magazine.
  13. Book: Bouchoux, Deborah E.. Aspen Handbook for Legal Writers: A Practical Reference. 5 February 2017. Wolters Kluwer Law & Business. 9781454888109. Google Books.
  14. Web site: Kale Documentary. James Lantz.
  15. Web site: Patent office protects Chick-fil-A's 'Eat mor chikin'. 2013-04-23. Wisconsin Gazette.
  16. Web site: 'Eat More Kale' Company Is Losing Against Chick-Fil-A in Trademark Battle. Kim. Caroline. 2013-04-25. finance.yahoo.com.
  17. Web site: Chick-fil-A Loses Legal Battle to Block 'Eat More Kale' T-shirts. Lara. Georgieff. 2014-12-16. www.adweek.com.
  18. Vermont Man Wins Right to Use 'Eat More Kale' Slogan, Despite Chick-Fil-A Objections. Atler. Charlotte. 2014-12-12. Time.
  19. Web site: 'Eat More Kale' Guy wins trademark battle with Chick-fil-A. Vermont rejoices, naturally.. Abby. Ohlheiser. 12 December 2014. www.washingtonpost.com.
  20. Web site: Chick-Fil-A Loses Absurd Trademark Battle Against Tiny Vermont Company. Pinkham. C.A.. 2014-12-13. kitchenette.jezebel.com.
  21. Web site: Trademark Extortion Revisited: A Response to Vogel and Schachter. Port. Kenneth L.. 2015. Mitchell Hamline Open Access.
  22. Orozco. David. Winter 2016. Using Social Media in Business Disputes. MIT Sloan Management Review. 57. 33–35.
  23. Kiser. Jessica M.. 2013–2014. To Bully or Not to Bully: Understanding the Role of Uncertainty in Trademark Enforcement Decisions. Columbia Journal of Law and the Arts. HeinOnline.

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