Bo Muller-Moore

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]

Chick-fil-A's actions resulted in a Streisand effect.[7] Muller-Moore received national press coverage,[8] vocal support from the then-governor of Vermont, Peter Shumlin,[4] and a sharp upturn in t-shirt sales.[9] Chick-fil-A's actions were portrayed as corporate bullying.[10][11][12][13]

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])

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]

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]