商标欺诈 闭上你的臭嘴
日期:2012-10-27 19:52


Trademark bullying
Shut your kale-hole
What's in a name, anyway?
CHICK-FIL-A sells an average of nine sandwiches per second at its roughly 1,600 restaurants.
Bo Muller-Moore paints T-shirts in the garage next to his house in Montpelier, Vermont.
家在蒙彼利埃(美国佛蒙特州首府)的Bo Muller-Moore在其车库里染印T恤衫。
In 2011 Chick-fil-A's sales were more than $4 billion; Mr Muller-Moore (pictured) estimates that his were $40,000.
Nonetheless, the slogan screened on his shirts-"Eat More Kale", initially made in 2001 as a favour for a local farmer, whose kale crop had a bumper year-caught the humourless eyes of Chick-fil-A's lawyers.
尽管如此, Muller-Moore染印在T恤衫上的短语"Eat More Kale"还是为托莱多无趣的律师们所关注。
They had sent him a cease-and-desist letter in 2006, claiming his slogan was too close to their client's "Eat Mor Chikin".
他们向Muller-Moore发出了"勒令停止通知函",声称Muller-Moore的宣传语同托莱多的宣传语"Eat Mor Chikin"意思太相近。
The letter does not cite a single person whom the slogan has confused.
信函并未列举出任何一个为此宣传语—Eat More Kale所误导的人。
Besides, one entity sells food, the other clothing; only the profoundly stoned or deranged would try to eat a T-shirt or wear a chicken sandwich.
But Mr Muller-Moore is not the only small entrepreneur to have caught the attention of a big firm's trademark hawks.
In 2009 the company that makes Monster energy drinks demanded that Vermont's Rock Art Brewery stop calling its barley wine "Vermonster".
在2009年,生产怪物能量饮料的公司要求福蒙特州的啤酒厂Rock Art停止使用"Vermonster"作为其高酒精啤酒的名称。
Last year Tootsie Roll Industries, which makes chewy sweets, filed suit against the maker of a roll-up shoe called Footzyrolls.
去年,生产咀嚼软糖的小脚趾圈公司对生产roll-up shoe的厂商Footzyrolls提起诉讼。
And in 2009 The North Face, an outdoor-clothing company, sued a much smaller clothing company that had decided to call itself The South Butt.
在2009年,户外服装公司The North Face对一个非常小的服装公司提起诉讼,因为其自称The South Butt。
Chick-fil-A insists it has to protect its trademark.
But its idea of self-defence looks to others like bullying.
The firm is protecting its trademark not from a crafty restaurateur hoping to piggyback on its fame, but from a kale farmer and a "Neolithic stencil-artist" in Vermont.
Also, Chick-fil-A seems to be claiming ownership of the phrase "eat more", which is a bit greedy.
而且,托莱多似乎宣称其是"eat more"词组的所有者。这一行为显得太贪婪了。
Mr Muller-Moore is fighting back. He has taken his campaign to Facebook and Kickstarter, where he and a co-producer are trying to raise funds for a documentary called "A Defiant Dude".
Rock Art Brewery similarly defended itself, not in a court of law, where deep-pocketed corporations enjoy an enormous advantage, but in the court of public opinion.
Rock Art啤酒厂同样予以反击,不是在"自古衙门朝南开,有理无钱莫进来"的法庭,而是在公众舆论的平台。
It worked.
After boycotts and negative publicity, Monster's makers agreed to drop the matter provided that Rock Art did not start making energy drinks.
在收到抵制和负面的名声影响后,怪物饮料生产商同意撤销诉讼,条件是Rock Art不在生产能量饮料。
Mr Muller-Moore claims to have received thousands of supportive letters.
Hundreds of people have pledged to fund his film.
Chick-fil-A may end up eating more crow.

  • citevt. 引用,引证,举(例)
  • fundsn. 基金;资金,现金(fund的复数) v. 提供资金
  • ownershipn. 所有权
  • trademarkn. 商标
  • neolithicadj. 新石器时代的
  • defendedvt. 辩护;防护 vi. 保卫;防守
  • campaignn. 运动,活动,战役,竞选运动 v. 从事运动,参加竞
  • protectvt. 保护,投保
  • phrasen. 短语,习语,个人风格,乐句 vt. 措词表达,将(
  • slogann. 标语,口号