Ch 4: Footnotes
“Billionaires in Atlanta”:
Bo Muller-Moore, interviewed by James Lantz, Big Picture Theater, Waitsfield, VT, July 2, 2013.
“Half million dollars”:
Report from Bo Moore to James Lantz during film shoots in 2012.
“Some folks are watching”:
Bo Moore, Eat More Kale Facebook post, July 14, 2012, “Can I get 1 or 100 of you to email this vid to Caryn Glasser/ Trademark Examining Attorney: (571)-270-[number withheld by documentary producer] caryn.glasser@uspto.gov. She's the reviewing attorney at the Fed Trade Mark office. She holds my small business by the balls. Can we remind her that some folks are watching? Thanks Ya'll.”
“Pro bono Vermont attorney”:
Bo Moore, Eat More Kale Facebook post, April 13, 2013, “My PRO-BONO LAWYER DESERVES A SHOUT OUT!!!! My Friend, Dan Richardson, chose to fight the case of Chick Fil A vs. Eat More Kale FOR FREE. Ya'll lets send Dan a note to thank and inspire him!!!! Post your note below..or email it to me at Bo@eatmorekale.com. I'll forward it all to him. He's workin' his ass off against a sluggish Trade Mark Office and the Billionaires at Chick Fil A.”
“UNH Pro bono Attorney of Record”:
Bo Moore, Eat More Kale Facebook post, November 16, 2011, “Dan Richardson AND the University of New Hampshire Law School in Concord have taken my case for FREE. … I’m a lucky fuck.”
“Refusal/Response”:
Eat More Kale trademark certificate, reg. #4,795,440, last updated August 18, 2015, United States Patent and Trademark Office, USPTO.gov.
“Ignorance of terminology”:
Bo Muller-Moore, interviewed by James Lantz, Waterbury, VT, April 2018
“Nearly unheard of”:
Nearly, but not entirely. See NorthFace vs SouthButt case, 2007 to 2011 (which Bo Moore sometimes referenced to James Lantz) Wikipedia link: https://en.wikipedia.org/wiki/The_South_Butt
See also: Jack Greiner at Graydon Law on December 28, 2009 writing about SouthButt: “The really interesting thing about this is that Winkleman is using the litigation to promote the product. Check out the link where the South Butt folks seek public support and invite buyers to order ASAP….Welcome to the new world. There was a time when parties to litigation stopped talking and left it up to their lawyers. Indeed, that is exactly what North Face is doing. But in the world of social media, it’s probably not surprising that a company – especially one with little to lose – will see litigation as a marketing opportunity.”
“Profiteer”:
American Heritage Dictionary, definition of Profiteer: “One who makes an unreasonable profit not justified by cost or risk.”
“Letter at USPTO”:
Auma Reggy, Arnall Golden Gregory, to U.S. Patent and Trademark Office, Letter of Protest, “Letter of Protest to U.S. Application Serial No. 85/412053 for the Mark Eat More Kale filed by Robert Muller-Moore, DBA, Eat More Kale,” November 1, 2011.
See also: The USPTO states that its procedure regarding Chick-fil-A’s letter of protest sent in 2011, was an informal process that allowed the trademark office’s attorney to consider additional facts without causing a delay to Bo’s application, completely independent of Chick-fil-A.
According to a letter written by the USPTO and obtained by FOIA, it can’t even confirm whether Chick-fil-A’s letter had any bearing on a March 2012 decision to refuse the Eat More Kale.
“Lots and lots of money”:
Bo Moore, SevenDays, February 17, 2017, A New Debate over an Eat More Kale Documentary, “Jim has suggested that by me making lots and lots of money, this somehow makes me a less admirable character in this story.”
“Not being sued by Chick-fil-A”:
Bo Moore, Eat More Kale Facebook page, July 13, 2012, “Just to set the record straight, I’m not being sued by Chick-fil-A.”
See also, Bo Moore, Protect Eat More Kale Facebook page, December 6, 2011, “Chick-fil-A is not suing yet”
Shumlin, Bo being sued:
Vermont Governor Peter Shumlin (posting on Eat More Kale Facebook page), December 5, 2011, “Holding a press conference this morning to discuss the lawsuit facing EatMoreKale.com. Stand with Bo and Gov. Shumlin and Like the Governor’s Facebook page to get all the updates.”
“Donate to him”:
EatMoreKale.com, Team Kale (last accessed October 2015), “Through corporate bullying, me and my family’s life may be seriously affected if I am not given the opportunity to continue to fight this lawsuit. Justice is expensive. Legal fees add up quickly. To date the case has been in litigation for 2.5 years. After hearing of this lawsuit, Governor Shumlin” … “Donate to help defend me and my family. All net donations go to EAT MORE KALE.com’s legal defense fund.”
“Vermont media outlets”:
—VTDigger, YouTube, December 5, 2011, “Eat More Kale trademark lawsuit.” “Vermont Governor Peter Shumlin and Eat More Kale creator Bo Muller-Moore discuss the trademark lawsuit between the small Montpelier-based business and Chick-fil-A”
See also, VTDigger, January 30, 2013, “For starters, Gov Shumlin formed Team Kale in 2011 to help Green Mountain folk artist Bo Muller-Moore fend off a lawsuit from Atlanta-based Chick-fil-A.”
—Kirk Carapezza, VPR, April 22, 2013, “Eat More Kale gets preliminary “No” in trademark dispute,” On Monday, Muller-Moore learned more about his outstanding lawsuit to protect…”
—Nat Frothingham, Montpelier Bridge, December 19, 2014, “Bo Muller-Moore Wins ‘Eat More Kale’ Lawsuit.”
“National media outlets”:
—New York Times, Christine Haughney, June 15, 2013, Borghese v. Borghese: Battle for a Royal Name, “Chick-fil-A sued a Vermont folk artist over a trademark to the phrase Eat More Kale, which the company argues overlaps with its slogan “Eat More Chicken.”
See also, New York Times, Pagan Kennedy, October 18, 2013, Who Made that Kale? [Q&A directed at Bo Moore]
NYT: “In 2011, the restaurant chain Chick-fil-A sued you for trademark infringement — claiming that your T-shirt slogan was too similar to its “Eat Mor Chikin” ads. Are you still allowed to sell your “Eat More Kale” shirts?”
BM: “To make me stop printing T-shirts, Chick-fil-A would have to prove customer confusion or loss of profit. I’ve sold the shirts for over 12 years. I’ve had thousands of conversations about this one design. People have made the joke “Oh, I thought it said ‘Eat More Whale,’ ” or “Oh, I thought it said, ‘Drink More Ale.’ ” Not once did anyone mention Chick-fil-A while asking about my shirts. So, I’ll keep making T-shirts until a civil court tells me not to.”
—NPR Dec 6, 2011 “The fast-food chain says Muller-Moore's "Eat More Kale" T-shirts too closely resemble its own "Eat Mor Chikin" ad campaign. National. Chicken Vs. Kale: Artist Fights Chick-Fil-A Suit.”
—Star Tribune, June 30, 2012, For Small Businesses, Trademark Battles are Life or Death, “A Vermont T-shirt designer was sued last year by Chick-Fil-A over a shirt that said "Eat more Kale.””
—NYDaily News, November 29, 2011, CYNTHIA GHAZALI “Vermont artist sued by Chik-fil-A over his ‘eat more kale’ slogan”
—WBUR, audio broadcast, “Kale vs Chicken, Chick-fil-A Sues Local Kale Enthusiast”
—Huffington Post Pete Mason, May 3, 2012, The Difference Between Eat More Kale and Eat Mor Chikin, “For Vermonters, a state where eating local food is the way of life, the lawsuit makes no sense…”
—Mental Floss, Hannah Keyser, Mental Floss, 8 Times Companies Faced Lawsuits for their Slogans, #6. Chick-fil-A vs Eat More Kale.
—Gawker, “Chick-fil-A Sues Hippie Because They’re Insufferable Assholes,” November 29, 2011
—National Geographic, September 28, 2016, Who Owns Kale?,“In 2011, Chick-fil-A sued Muller-Moore - “Eat More Kale,” Chick-fil-A said, was too similar to their slogan: “Eat Mor Chikin.”
—Intellectual Property News, December 1, 2011, Chick-Fil-A Forced to Sue for Trademark Infringement Over “Eat More Kale”
—Organic Authority, December 15, 2014, “Bo Muller-Moore, the Vermont artist responsible for creating T-shirts with the “Eat More Kale” slogan, will not have to stop using the phrase as Chick-fil-A had hoped when it sent Muller- Moore a cease-and-desist letter in 2011 and threatened the small-scale screen printer with a lawsuit.
See also Jill Ettinger, Organic Authority, July 20, 2012, “It’s been a year marred by controversy for [Chick-fil-A] … when it was revealed they’d filed a lawsuit against Bo Muller-Moore, a small Vermont T-shirt manufacturer for using the tagline, Eat More Kale.”
Chick-fil-A statement:
Chick-fil-A also released a public statement clarifying that it was not a lawsuit, February 23, 2012, “We have not sued the party, we just simply asked him to stop because he was applying for what we already have”
“Victim of a lawsuit:
On Facebook Bo underscored the non-existent lawsuit by regularly reposting articles that referred to his “ lawsuit” including one that called what was happening to Bo as “frivolous lawsuit of the week.” Bo re-posted it and wrote, “I say Frivolous Lawsuit of the YEAR!”
Understandably, Eat More Kale fans posted scores of comments and articles referring to the lawsuit such as: They’re “suing my friend, Bo Moore,” and another that read, “Chick-fil-A sues hippie because they are insufferable assholes.”
References for above: Bo Moore, Eat More Kale Facbook page, January 15, 2012, Bo Moore, Eat More Kale Facebook page, July 19, 2015, Bo Moore, Eat More Kale Facebook page, October 3, 2012, Eat More Kale Facebook page, Fan PM, July 18, 2012, Eat More Kale Facebook page, Fan RR, November 29, 2011
“Back to the Land”:
Kate Daloz, “We Are As Gods,” Published by Public Affairs, NY, “The sudden, spontaneous back-to-the-land movement emerged from the collision between this crushing, apocalyptic fear and the generational confidence that convinced its young people they were still entitled to the world as they wanted it. … The move to the country is a doomsday decision.”
“Vermont legislators”:
Bo Moore, email to James Lantz, July 22, 2012, “Working with [Senator Anthony Pollina] and a local fella named Steve [Hintgen] on making KALE the Vermont State veggie.”
“Little guy standing up”:
Rutland Herald, Jim Sabataso, February 9, 2015, “Kale became a rallying point for the little guy standing up against corporate America and, according to [Anthony] Pollina, exemplifies Vermont’s “fighting spirit.”
Cohen and Greenfield:
Bo Moore, Eat More Kale Facebook page, December 30, 2011, “Thanks to Tim Beavin's for setting up my meeting with Ben Cohen and Jerry Greenfield of Ben and Jerry's fame. Got to talk with them for nearly an hour. They say:#1 Chick-Fil-A is overstepping their trademark rights....#2 that I shouldn’t offer them any sort of settlement agreement (they don't want me to clip my wings), #3 to "get some boots on the ground" (while they like the online petition..they want bodies with signs and press kits in front of stores) and finally #4 they tell me to "trust my gut" and fight the good fight.”
“Activism-infused capitalism”:
(Image: Doug Kaiser, Hartford Courant, “Vermont Cold War: Ben & Jerry’s battles Pillsbury” July 29, 1984)
David Gelles, “How the Social Mission of Ben & Jerry’s Survived Being Gobbled Up,” New York Times, August 21, 2015.