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'Eat More Kale' Gets Preliminary 'No' In Trademark Dispute

Eat more Kale 042313 TOBY AP528524643104-1.jpg
AP/Toby Talbot

It’s kale versus chicken, David versus Goliath.

For months, a Vermont folk artist who prints ‘Eat More Kale’ t-shirts above his garage in Montpelier has been trapped in a legal battle with a fast food chain whose slogan is “Eat Mor' Chikin'.”

On Monday, Bo Muller-Moore learned more about his outstanding lawsuit to protect his business in a fight with the fast food giant Chick-fil-A. In a preliminary decision, the U.S. Trademark Office told Muller-Moore that his t-shirts could infringe upon Chik-fil-A’s slogan.

That means the artist may not be able to fight for his own trademark.

A final ruling on Muller-Moore’s “Eat More Kale” brand name is expected later this year. The artist says he has six months to respond to Monday's ruling.

Earlier: "Eat More Kale" T-Shirt Artist Raises $90K For Film Project