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Old 12-05-11, 01:39 PM   #1
hotbike
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Kale Under Attack

I don't know if you all have heard the news, but Kale, the one green leafy vegetable that is better than Spinach, is under attack. A man who makes TEE-Shirts

has been sued by a restaurant chain, which claims it violates their trademark "eat more chicken".

http://eatmorekale.com/

I may be biased, because I have an agricultural job (Cropduster Pilot) , and I once dated a Woman who runs a Macrobiotic Diet version of Meals on Wheels. But we can NOT allow Green Leafy Vegetables to come under attack.

Here's a link to an article:

http://www.boston.com/news/nation/ar...k_fil_a_fight/

And a Quote:

"MONTPELIER, Vt.—The state of Vermont threw its support Monday behind a folk artist whose T-shirt business is being threatened by the nation's second largest chicken restaurant chain because of his use of the phrase "eat more kale."

Gov. Peter Shumlin said that state would do all it could to help Bo Muller-Moore raise money to defend his small business, and by extension all Vermont small businesses and local agriculture, against what they both see as "corporate bullying" by the Atlanta-based Chick-fil-A...."

-----------------------------------------------------------------

Anyway, I've come up with some more slogans to promote Kale:

"Where's the Kale?" - instead of beef

"Kale , the Other Green Leafy Vegetable" - instead of Pork, the other white meat

"Sorry Charlie, only good Kale gets to be Organic" - Star Kist Tuna will sue me over this one...

"Choosy Mother chose Kale" - instead of Peanut Butter

"I can't believe it's not Spinach" - instead of butter

Maybe you can come up with more slogans. Lawsuits, shmawsuits, we've got to get the message out that Kale is a very nutritious Vegetable, and people should eat more of it.

We will end with a song:


" I'm Popeye the Sailor Man
I eat my Kale from a can
I'm hearty and hale
because I eat my Kale
I'm Popeye the Sailor Man"
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Old 12-05-11, 03:23 PM   #2
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The issue isn't kale. It's a company claiming that someone is taking advantage of their branding by using a version of their (possibly trademarked or copyrighted or whatever the appropriate legal jargon is here) slogan. To me, the slogan isn't original enough to escape the confines of everyday speech and writing, and I wouldn't like to see it have broad protection. That's just my sentiment, though.

Last edited by tadawdy; 12-05-11 at 03:26 PM.
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Old 12-05-11, 03:27 PM   #3
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Yeah, yeah, just another prime example of what we have become, idiots.
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Old 12-05-11, 07:31 PM   #4
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Originally Posted by tadawdy View Post
The issue isn't kale. It's a company claiming that someone is taking advantage of their branding by using a version of their (possibly trademarked or copyrighted or whatever the appropriate legal jargon is here) slogan. To me, the slogan isn't original enough to escape the confines of everyday speech and writing, and I wouldn't like to see it have broad protection. That's just my sentiment, though.
Yes, I agree, the phrase "Eat More______(fill in the blank)" , is very common, and not at all original. I would say that I have heard people say "Eat more Green vegetables" , "Eat more fruit", "Eat more Tree nuts", "Eat more Fish", "Eat more Yogurt", "Eat more Beans", and many other foods, more times than I could count. Maybe I listen to the radio more than the average person, but if you don't believe me, try tuning in to one of the many health and nutrition shows on the radio, with a Doctor talking to live, on the air , phone calls. The phrase "Eat More..." is very common. "Eat more food cooked in Olive Oil" has been said at least twenty times that I can remember.

I hope Chick-fil-A has to pay the court costs after this fiasco, because it's ridiculous to expect the taxpayer to pick up the tab.
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Old 12-05-11, 09:55 PM   #5
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"Oh I wish I was an Oscar Meyer........." nevermind.
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Old 12-06-11, 08:40 AM   #6
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Save the Kales
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Old 12-06-11, 09:41 AM   #7
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All of their relevant trademarks are for "Eat Mor Chikin." They must be bored?
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Old 12-06-11, 12:13 PM   #8
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Quote:
Originally Posted by tadawdy View Post
The issue isn't kale. It's a company claiming that someone is taking advantage of their branding by using a version of their (possibly trademarked or copyrighted or whatever the appropriate legal jargon is here) slogan. To me, the slogan isn't original enough to escape the confines of everyday speech and writing, and I wouldn't like to see it have broad protection. That's just my sentiment, though.
The thing about lawsuits is that the require the defendant to go through a considerable amount of fuss and bother. Most people will back off and give up rather than fight partially because they can not afford a long, expensive litigation. Unless the defendant were using a VERY similar visual look in their phrase, one would think that the defendant would prevail. Given the fact that doing this makes the company look petty, it makes the litigation look like poor judgement.
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Old 12-06-11, 02:43 PM   #9
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Sounds like a good case for a social media attack, or counter-attack, response campaign against Chik-a-Fila. Hey, wait a minute, isn't "Fila" a company. Wait, typo on my part, or was it? Could it be that Chik-fil-a is preying upon the Fila name? Anyway, I digress, but social media has become a fairly significant factor in businesses these days. Couple that with an eat healty aspect versus greasy fried foods and they may just start to include kale in their sandwiches at Chik-fila.

They are on Facebook and Twitter, http://www.chick-fil-a.com/
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Old 12-06-11, 04:49 PM   #10
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.... versus greasy fried foods and they may just start to include kale in their sandwiches at Chik-fila.
...
Yes, something like that.
A sandwich with Kale on it sounds delicious, but the restaurant in question doesn't even serve Kale, so I fail to see the logic...of the lawsuit.

So I'm thinking we get thousands of people to go to their local chikafila, go to the counter and ask, loud enough for everyone to hear: "WHERE'S the KALE?", and walk out.
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Old 12-09-11, 02:13 AM   #11
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yet another reason to dislike the chain... their sandwiches are pretty tasty though.
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Old 12-11-11, 01:13 PM   #12
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I just glanced through this, but it seems like this guy was asking for a fight with Chik Fil A. Anyone familiar with their ad campaigns will see the resemblance with the t-shirt. He could have used a different font and green text, like the other logos I see on his site, but chose that particular design. I believe parody can fall under fair use, but if you're profiting from it and trying to trademark your parody of a trademark, well, it gets a bit murky. I support small business and have been on both sides of these types of cases, but I think this guy just pushed a little too far after already being warned.

Regardless, I think kale will survive just fine
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Old 12-11-11, 03:50 PM   #13
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No way they'll win this.

And the guy is selling more t-shirts than ever as a result of their stupidity and greed. Don't attack small guys with stuff like this since all you'll ever accomplish is wasting your time and giving them way more publicity and business if they choose to fight back. And if you win? You win nothing. In fact you'll have wasted time and money on them even if they back down instantly, probably more than you'd ever made by "protecting your trademark".

By the way I have no idea how someone selling "Eat More XXXX" t-shirts can damage them in any way shape or form. That's like saying that every time someone makes a "Where's the Beef?" joke, it steals money from Wendy's. People are still talking about the add 25 years later as a result of parodying the brand. The best thing that could ever happen to Chik-Fil-A is a ton of people makig "Eat More XXX" shirts.

But maybe that was their plan all along! Start a fight so it becomes publicized and people start fighting back by making tons of shirts! Yes! Brilliant!
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