After Vermont-based folk artist Bo Muller-Moore decided to apply for a federal trademark to protect his “Eat More Kale” T-shirt design, fast food chain Chick-fil-A reportedly accused him of infringing its “Eat Mor Chikin” trademark. The kale design has apparently caught on with consumers, who pay $25 each for the T-shirts and have purchased a sufficient quantity for Muller-Moore to support his family.

With powerful allies such as Vermont Governor Peter Shumlin (D), who reportedly said, “Don’t mess with Vermont. Don’t mess with kale. And Chick-fil-A, get out of the way because we are going to win this one,” Muller-Moore has vowed to defend the claim. Publicity about the fracas has apparently generated a rash of sales, which Chick-fil-A hopes to stop; the company has also apparently sought an order requiring Muller-Moore to turn over his website, eatmorekale.com. See NPR.org, December 6, 2011.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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