Would you confuse "Eat More Kale" with "Eat Mor Chikin?"

It’s a bitter day for the Vermont folk artist who built a T-shirt business around the phrase, “Eat More Kale.”

Bo Muller-Moore. Photo: Lareina Yee, CC some rights reserved

Bo Muller-Moore, of Montpelier, has been fighting to trademark the term. But he says the U.S. Trademark and Patent office has given him a “preliminary no.”

Fast food giant Chick-fil-A took legal action against the kale guy in 2011. The company, best known for its waffle fries and its opposition to gay marriage, took legal action against Muller-Moore because it says the kale slogan could be confused with its trademarked phrase “eat mor chikin.” (Yes, that’s how they spell it.)

Muller-Moore’s attorney Daniel Richardson says the Trademark and Patent office told him the two phrases could be confused. Muller-Moore has six months to respond to the ruling.

The Montpelier Bridge calls the case an, “exemplary of how national corporations can dominate local businesses.

In the trailer for a yet-to-be-produced documentary about his efforts, Muller-Moore says Chick-fil-A sent him a list of 30 other businesses its’ forced to stop using the phrase, “Eat More…,” including “Eat More Goat,” “Eat More Pork,” and “Eat More Catfish.”

Muller-Moore goes on, “I want to be the guy who stands up to them and wins.”

Vermont Governor Peter Shumlin has said the state will do all it can to help him.

According to the Associated Press, Chick-fil-A did not respond to an emailed request for comment.

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