Robert "Bo" Muller-Moore is a

silk screen Screen printing is a printing technique where a mesh is used to transfer ink (or dye) onto a substrate, except in areas made impermeable to the ink by a blocking stencil. A blade or squeegee is moved across the screen to fill the open me ...

artist based in

Montpelier, Vermont Montpelier () is the capital city of the U.S. state of Vermont and the seat of Washington County. The site of Vermont's state government, it is the least populous state capital in the United States. As of the 2020 census, the population w ...

, known for a legal dispute with fast food company

Chick-fil-A Chick-fil-A ( , a Word play, play on the American English pronunciation of "wikt:filet#Pronunciation, filet") is an American fast food restaurant chain which is the country's largest which specializes in chicken sandwiches. Headquartered in Coll ...

Background

Circa 2000, Muller-Moore, at the instigation of a

kale Kale (), or leaf cabbage, belongs to a group of cabbage (''Brassica oleracea'') cultivars grown for their edible leaves, although some are used as ornamentals. Kale plants have green or purple leaves, and the central leaves do not form a head ...

-farming friend, created a design featuring the phrase "Eat More Kale", and started to print t-shirts bearing the design. In 2011, Muller-Moore's application for a federal trademark to protect the "Eat More Kale" design drew an objection from

. Chick-fil-A contended that the phrase infringed on its trademark, "Eat Mor Chikin," and ordered Muller-Moore to give his website to Chick-fil-A. Chick-fil-A's actions resulted in a

Streisand effect Attempts to hide, remove, or censor information often have the unintended consequence of increasing awareness of that information via the Internet. This is called the Streisand effect. It is named after American singer and actress Barbra Streis ...

. Muller-Moore received national press coverage, vocal support from the then-governor of Vermont,

Peter Shumlin Peter Elliott Shumlin (born March 24, 1956) is an American politician from Vermont. A member of the Democratic Party, he served as the 81st governor of Vermont from 2011 to 2017. He was first elected to the office in 2010, and was reelected to a ...

, and a sharp upturn in t-shirt sales. Chick-fil-A's actions were portrayed as corporate bullying.

Documentary

Muller-Moore raised funds via

Kickstarter Kickstarter is an American public benefit corporation based in Brooklyn, New York, that maintains a global crowdfunding platform focused on creativity. The company's stated mission is to "help bring creative projects to life". As of July 2021, ...

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.)

Legal actions

In 2013,

U.S. Patent and Trademark Office The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexa ...

(USPTO) issued a preliminary "no" verdict against Muller-Moore's trademark application, resulting in speculation by trademark attorneys that Chick-fil-A's objections would prevail. In 2014, the USPTO reversed its preliminary decision and ruled to give "Eat More Kale" trademark protection. 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.

Similar case

Chick-fil-A's approach drew comparisons to a 2009 dispute in which representatives of the

Monster Energy Monster Energy is an energy drink that was created by Hansen Natural Company (now Monster Beverage Corporation) in April 2002. As of March 2019, Monster Energy had a 35% share of the energy drink market, the second highest share after Red Bull ...

beverage brand attempted to prevent Vermont's

Rock Art Brewery Rock Art Brewery is an American brewery in Morrisville, Vermont. It began production in 1997 in the Johnson, Vermont basement of founders Matt and Renee Nadeau. In 2001 it moved to a larger facility in nearby Morrisville. After buying another ...

from marketing a beer called "Vermonster." That dispute inspired a boycott of Monster drinks by one of Vermont's largest beverage outlets and legislation by Vermont's senators,

Bernard Sanders Bernard Sanders (born September8, 1941) is an American politician who has served as the junior United States senator from Vermont since 2007. He was the U.S. representative for the state's at-large congressional district from 1991 to 2007 ...

and

Patrick J. Leahy Patrick Joseph Leahy (; born March 31, 1940) is an American politician and attorney who is the senior United States senator from Vermont and serves as the president pro tempore of the United States Senate. A member of the Democratic Party, ...

. Rock Art Brewery was ultimately able to continue to market Vermonster.

References

{{DEFAULTSORT:Muller-Moore, Bo Year of birth missing (living people) Living people United States trademark case law People from Montpelier, Vermont American artists Chick-fil-A