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.[5]
In 2011, Muller-Moore's application for a federal trademark to protect the "Eat More Kale" design drew an objection from
Chick-fil-A.[4] Chick-fil-A contended that the phrase infringed on its trademark, "Eat Mor Chikin,"[4] and ordered Muller-Moore to give his website to Chick-fil-A.[6]
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]