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Monday, December 5, 2011

'WHAT WERE THEY SMOKING?' Chik-fil-A Wins Our Very First Bad Business Award

NEW YORK – Trademark infringement is a serious issue. But, when a corporate behemoth tries to promote a fairly generic idea as central to their brand, they need to be VERY careful in how they protect their inner brilliance. In this case, the folks at Chick-fil-A® have somehow gotten it into their itty-bitty bird brains that Bo Muller-Moore, a Vermont folk artist, is a bigger threat to their brand than KFC, Boston Market®, Popeye's®, Church's, or El Pollo Loco all because of a hand-screened t-shirt emblazoned with the decidedly Vermont, "Eat More Kale," could somehow be confused with their trademark slogan, "EAT MOR CHIKIN."
Apparently, Chick-fil-A believes that they, and they alone, own the phrase "Eat more"––even though they spell it "EAT MOR"––and that any use of "Eat More" is a trademark infringement worthy of a "cease and desist" letter.
          We at The Complainer can understand the notion of vigorously protecting the creative and semi-funny "cow-speak" version, "EAT MOR," but this contortion of America's copyright laws is definitely wacky enough to merit our very first "What were they smoking? Award."
          Seriously. What are they smoking down in Atlanta? Could it be might be the carcinogens produced by cooking meat over an open flame? Maybe. No. We're thinking they're inhaling something other than the fumes spewing from grills, as this kind of cognitive impairment really defies basic business logic. We have to ask: 1) What do they really gain from taking legal action against a freakishly small t-shirt vendor whose wares have nothing to do with their core product, "CHIKIN?" 2) Did they take into account that, in the age of the Internet, such an action might attract a lot more negative attention than even their campaign against same-sex marriage? Or, 3) could this vigorous trademark enforcement obscure some of their more zealous business practices?
          Don't get us wrong, they make a fine "chikin" sandwich. But, in tough times, winning converts is more important than bullying t-shirt vendors whose art bears no resemblance to either the clever brand or the good product your selling. Come on, guys. See the big picture.

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