Bo sells a t-shirt that says "Eat More Kale" from his home in rural Vermont. Titanic chicken sandwich chain Chick-Fil-A claims that this shirt infringes on their trademark for the slogan "Eat Mor (sic) Chikin' (sic)." They've demanded that Bo shut down and turn over his website to them. Rather than capitulate, Bo is making a defiant documentary about his refusal, and he's raising funds on Kickstarter.
Of course, I might not win --- the odds are against me. All over the country 'trademark bullies,' large corporations that bully small businesses over alleged claims of trademark infringement, are legally harassing small businesses and wearing them down with repeated lawsuits and appeals. In the face of overwhelming legal bills, most small businesses just give up.
This is more than just plain wrong: it's un-American.
By helping make this documentary I want to shine a light on this issue, my battle, and other trademark bullies, too. If I win, it's a great story; if I lose, it's a sad story. Either way, Jim and I think it's a story worth telling.
It seems to me that there shouldn't be any valid trademark claim here. Leaving aside the spelling issue, the graphic presentation of "Eat More Kale" is very different from "Eat mor chikin." The phrase "Eat more," is pretty generic, and is unlikely to result in confusion. I'm not a lawyer, but I'm inclined to think that if Bo can stay in the fight long enough -- that is, if they don't outspend him into oblivion -- he stands a chance of winning.
A Defiant Dude by James Lantz and Eat More Kale guy — Kickstarter
In 1948, the Institute of Applied Science commissioned an unknown illustrator to depict a fistful of squirming, terrified criminals caught in an authoritative fist, under the headline “CAUGHT BY THEIR FINGERTIPS” — they were advertising a home Criminal Investigation and Identification course.
Larkin Jones is a hardcore Pokemon fan who loses money every year on his annual Pokemon PAX party; he makes up the shortfall from his wages managing a cafe. This year, Pokémon Company International sued him and told him that even though he’d cancelled this year’s party, they’d take everything he had unless he paid […]
It’ll go from 20 years from publication to 70 years after the photographer’s death, and it’s retroactive, meaning that millions of presently public domain photos reproduced online and in books will suddenly become copyright violations with gigantic penalties for all concerned.
SitePoint Premium is the ultimate e-learning library for web developers, designers, and digital professionals. Famous for their web development books written by industry leaders, they’ve expanded their content library to include in-depth video courses and short, handy screencasts partnering with A Book Apart and UX Mastery. Whatever you want to achieve in your web career, […]
Skip the technical jargon and get right to taking amazing, professional-quality photos with this complete training. The Hollywood Art Institute Photography Course includes 22 modules filled with tutorials on how to profit off of your photography, or simply capture your memories in the manner they deserve.Accredited by the Photography Education Accreditation CouncilDive into this 22 […]
Power up your gadgets in the most unexpected places with the extremely compact SolarJuice battery pack. SolarJuice charges up at home like your average battery pack, but also lets you add extra juice on-the-go using its built-in solar panel—so you’ll never be left unplugged from the digital world.4.5 Stars on Amazon!Simultaneously charges 2 devices at […]