Chick-fil-a lawsuit - PeachParts Mercedes-Benz Forum

spdrun · #1 12-06-2011, 10:15 AM

Chick-fil-a is threatening to sue a guy from Vermont for selling tee-shirts with the slogan "Eat more kale." They claim it's a rip-off of their illiterate slogan "Eat mor chikin."

http://www.nytimes.com/2011/12/05/us/eat-more-kale-t-shirts-challenged-by-chick-fil-a.html?_r=1

That's got to be the stupidest reason to sue, ever -- "eat more..." has been used so many times in different contexts that it can't really be copyrighted, and the fonts don't even match up so it's not a trademark issue.

The Clk Man · #2 12-06-2011, 10:21 AM

Quote:

Originally Posted by spdrun

Chick-fil-a is threatening to sue a guy from Vermont for selling tee-shirts with the slogan "Eat more kale." They claim it's a rip-off of their illiterate slogan "Eat mor chikin."

http://www.nytimes.com/2011/12/05/us/eat-more-kale-t-shirts-challenged-by-chick-fil-a.html?_r=1

That's got to be the stupidest reason to sue, ever -- "eat more..." has been used so many times in different contexts that it can't really be copyrighted, and the fonts don't even match up so it's not a trademark issue.

Chick-fil-a doesn't have a chicken leg to stand on imho.

lutzTD · #3 12-06-2011, 10:33 AM

when someone says "eat more Kale", do you or do you not think of chick-fil-a? it seems close enough that the guy did it to copy Chick-fil-a, I would sue him too.

very much the same as "Got Milk" you see "got xxxx" all over the place but it immediatly reminds you of the got milk campaign and as such is defenceable

or toys-R-us with the backward "R", the R itself is not defensable but the backward r with "r-us" certainly is

spdrun · #4 12-06-2011, 10:37 AM

Quote:

Originally Posted by lutzTD

when someone says "eat more Kale", do you or do you not think of chick-fil-a? it seems close enough that the guy did it to copy Chick-fil-a, I would sue him too.

Lots of things can make me think of different things. There isn't even a Chick-fil-a in Vermont, so it's unlikely that the target market would think of Chick-fil-a. Plus Chick-fil-a's slogan is spelled "Eat more chikin", whereas the one on the T-shirt is spelled "Eat more kale." This is sort of the opposite of the "R-us" example.

Oh, and this is one more reason why the South and the trash who live there should have been allowed to secede in 1860.

MTI · #5 12-06-2011, 10:40 AM

Quote:

Originally Posted by spdrun

Oh, and this is one more reason why the South and the trash who live there should have been allowed to secede in 1860.

What's with the unjustified hate speech?

spdrun · #6 12-06-2011, 10:42 AM

Quote:

Originally Posted by MTI

What's with the unjustified hate speech?

Because the place has been poisoning Federal politics for the last 100 years, and the Northeast would be better off if they had been allowed to secede 150 years ago. Slavery would have gone away for economic reasons and because of automation anyway, and they wouldn't have nearly as much social baggage.

lutzTD · #7 12-06-2011, 10:43 AM

Quote:

Originally Posted by MTI

What's with the unjustified hate speech?

my thoughts exactly, seems to be a recurring theme with some

Honus · #8 12-06-2011, 10:48 AM

I'll bet that Chick-Fil-A's lawyers are telling them that they must go after this guy or risk losing the rights to their slogan. This part of the article seems to state both sides of that argument:

Quote:

In a statement, Chick-fil-A said, “We must legally protect and defend our ‘Eat mor chikin’ trademarks in order to maintain rights to the slogan.”

But Mr. Richardson does not think the company’s argument would hold up in trademark court. “We believe it’s pretty clear, the issue of dilution and confusion aren’t really triggered here,” he said. “There’s no one out there that’s going to come forward and say, ‘I thought I was buying a Chick-fil-A product but I got this T-shirt.’ ”

Intellectual property is a funny area. If a company like Chick-Fil-A sees other people mess around with slogans that look like their own, they need to take action or risk losing all of their rights to the slogan. So, maybe they are just standing up for their shareholders, which is what they are supposed to do. On the surface, at least, this looks like a good faith dispute. It's too bad that there isn't a low-cost way of resolving it.

elchivito · #9 12-06-2011, 10:53 AM

Their Facebook page is being swamped with negative comments. They'll back down any minute. Screw them if they don't. Who eats there anyhow? Nobody who likes actual food.

Air&Road · #10 12-06-2011, 10:55 AM

If the "Eat more Chiken" or whatever the slogan includes, is copyrighted, they might have a case.

I agree it's kind of silly, but so is our justice system these days. I remember how silly it was many years ago when the coach of the LA Basketball team copyrighted the term "Threepeat."

The crazier things get the more normal they seem or something like that.

spdrun · #11 12-06-2011, 10:58 AM

Quote:

Originally Posted by LarryBible

I agree it's kind of silly, but so is our justice system these days....

The crazier things get the more normal they seem or something like that.

You confuse me, friend. On the one hand, you're calling our justice system crazy and silly. On the other, you advocate total obedience to laws, obedience to police, and trust that the courts will make the right decision when you have your day. Which is it?

TwitchKitty · #12 12-06-2011, 11:00 AM

"Eat more Possum" - bumper sticker from the early seventies. Maybe a good place to start with a counter suit.

Air&Road · #13 12-06-2011, 11:02 AM

Quote:

Originally Posted by spdrun

You confuse me, friend. On the one hand, you're calling our justice system crazy and silly. On the other, you advocate total obedience to laws, obedience to police, and trust that the courts will make the right decision when you have your day. Which is it?

Keep on rattlin'! I'm sure that someone is listening.