Speaking of Trademarks, Maybe Chik-fil-A Should Start Serving a Kale-fil-A

Would you have a hard time distinguishing the source of a fast food chicken sandwich if a t-shirt company trademarked a phrase used on their t-shirts that promotes sustainable food?

In other words, if you saw this:

Would you think this:

Or this:

The U.S. Patent and Trademark Office defines a trademark as "a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others."

Chik-fil-A released the following comments about the legal matter via PR Newswire.

ATLANTA, Dec. 5, 2011 /PRNewswire/ -- In 2006, we became aware of a Vermont company using the phrase "Eat More Kale" on T-shirts, which are sold on their website, www.eatmorekale.com. We have co-existed under these circumstances since 2006.

However, in August of 2011, the Vermont company submitted its application to trademark the slogan "Eat More Kale" for use and protection nationally. Because of this new development, we are required to protect "Eat Mor Chikin®," our own brand and trademark.

We support the entrepreneurial spirit of small business, and, in fact, our business model is founded on providing opportunity for small business owners. Every one of our 1,603 restaurants is owned and operated by a local business person who lives in and gives back to their community. Unfortunately, when protecting our trademark, the law does not allow us to differentiate between a large company or a small enterprise.

Our award-winning advertising campaign has been in place for the past 16 years, and we must legally protect and defend our "Eat Mor Chikin®" trademarks in order to maintain rights to the slogan. It is not uncommon for us – or for any corporation – to defend our trademark rights.

What do you think? Please share comments.

Image credits: sandwich, kale, billboard