The Vermont man who went up against Chik-fil-A to defend his right to use the phrase “Eat More Kale” — which the fast food company argued was too close to its trademarked slogan “Eat Mor Chikin” — has won his legal battle to use the trademark.
Bo Muller-Moore can now silkscreen “Eat More Kale” onto T-shirts to his heart’s content, because the U.S. Patent and Trademark Office approved his request to trademark the phrase. The application was held up for a while, but a “black-out-period” for Muller-Moore’s request ended on Tuesday, his lawyer said.
The approval comes after a drawn-out battle with Chik-fil-A over the use of the slogan. Muller-Moore started selling T-shirts with the phrase “Eat More Kale” in 2000 after a kale farmer friend asked him to make them.
But shortly after Muller-Moore attempted to trademark the phrase in 2011, Chik-fil-A sent him a letter requesting he stop using the saying because it was too similar to their “Eat Mor Chikin” catchphrase, and listed 30 other companies who had agreed to stop using the “eat more” language in their marketing.
Muller-Moore is expected to make a formal announcement of the victory Friday with Vermont Governor Peter Shumlin.
The original version of this story misidentified Muller-Moore’s phrase, “Eat More Kale.” It is a trademark.