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    More: Interesting, Montpelier  
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6361 clicks; posted to Main » on 23 Apr 2013 at 9:41 AM (5 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»

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2013-04-23 10:01:08 AM  
2 votes:

Tom_Slick: PsyLord: WTF people.  First of all, kale sucks so whoever wants to eat more of it, go right ahead.  Second, how is this even infringing on Chick-fil-A ?  Unlike Chick-fil-A, the guy uses the correct spelling of "more" and follows it with something totally unrelated to chicken.  So does the patent/trademark office now restricts the usage of all "eat more <insert food/non-food item>" since it might be confused with Chick-fil-A?  The stupidity hurts...

[kwinofnothing.files.wordpress.com image 500x282]

The problem is, if they don't at least try to defend the Trademark they lose it all together, so if they didn't go after this guy, then they couldn't go after Burger King if they used Chickens to say Eat More Beef.  Trademark Law leaves it to the Trademark owner to enforce the Trademark, if a Trademark is not enforced they lose it.

From what I understand he doesn't sell food, so I don't see how in the world this should have any impact on him. Can people not be judiciously reasonable?

Maybe he should just make T-shirts with a Cow on it that says Suk My Balz U Corporat Nazi Asshatz. I would buy one of those.
2013-04-23 09:45:53 AM  
2 votes:
Chick-fil-A will drop the suit as soon as they realize the shirt doesn't actually say "Eat More Male".
2013-04-23 08:30:23 AM  
2 votes:
A Vermont folk artist who built a T-shirt business around the phrase "eat more kale"

Normally I'm not much for kale related garments, but this has me wondering if I've missed the entire kale genre.  Is there some sort of mass following of all things kale?  That someone could build a business based on the phrase "eat more kale" has me wondering if you could put anything on a T-Shirt, and people would buy it, otherwise this makes no sense.  Could I potentially build a business based on the words "Pet A Chipmunk"?  Pet A Chipmunk means a lot of things to a lot of people. Most obviously, it's about eating healthier. Chipmunks can be delicious and a SUPER FOOD! You *should* eat more of it. An ancient ancestor of the raccoon, chipmunk is primarily a cold-weather rodent with a taste not unlike collard squirrels. It grows in a lot of conditions and climates that are inhospitable to other animals and can get tastier with a hard freeze.

I'm curious.  Is there anyone here who'd buy a Eat More Kale shirt at $25 (plus free shipping!)?

/not enough sleep
2013-04-23 12:31:17 PM  
1 vote:
Or, for example:
24.media.tumblr.comView Full Size
2013-04-23 12:25:13 PM  
1 vote:
As I understand it, the holder of a trademark must defend it not only against those who infringe upon it, but also those who come up with slogans or sayings that may be considered similar that could "reasonably" be confused with their own such that it could be seen that the holder may be endorsing or associated with the allegedly infringing party's product(s).

The key word here being "reasonably."  And in this case I really don't see there being a reasonable chance that anyone who doesn't think it's the Kale Guy's shirts are the ones misspelled would confuse this guy's T-shirts with having anything to do with Chick-Fil-A.  CFA can easily trademark their slogan because of its particularly unique spelling, which I think everyone associates with the cows holding up the signs that spell it out.  But simply saying "Eat More <something>" is pretty much just a direct and rather generic suggestion that shouldn't even be trademarkable, never mind infringing.

In summary, Chick-Fil-A should eat mor dikin.
2013-04-23 09:53:34 AM  
1 vote:
They have a legitimate beef.

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