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Momofuku gets called a “trademark bully” in a spicy fight over “chili crunch” naming rights

Jamie Wilde / Wednesday, April 10, 2024
Condiment controversy (Mariah Tauger/Getty Images)
Condiment controversy (Mariah Tauger/Getty Images)

No chile… Celeb chef David Chang’s Momofuku is known for its trendy eateries, packaged foods, and its role in starting Milk Bar. Now it’s also known for stirring the pot. Momofuku filed a trademark application for “chili crunch” last month, and spicy drama has ensued. Momofuku sent cease-and-desists to businesses that called their product “chili crunch” or “chile crunch” (it acquired the “chile crunch” trademark last year). Biz owners defended their right to use the term, which is commonly used to describe a centuries-old condiment.

  • Hot takes: Jing Gao, founder of chili crisp brand Fly by Jing, called out “trademark bullies” in a post about the controversy, while actor and food brand owner Simu Liu challenged Momofuku to a blind taste test of their rival products. Another chili crunch maker accused Chang of wanting to create a monopoly instead of a community.

  • Cholula and co: Hot sauce is a $3B industry in the US that’s expected to nearly double in a decade.

What’s in a name… Trademarks are meant to protect unique product names, symbols, and designs (think: “Coke,” Nike’s swoosh). Momofuku argues that its “chili crunch” product has earned the distinction because of its popularity and positive reviews. But critics say it’s like trademarking “ketchup” or “salsa.” It’s not the only murkily generic trademark:

  • Nacho name: Taco John’s relinquished its “Taco Tuesday” trademark to the public after a heated legal battle with Taco Bell last year.

  • Incompatible: Tinder owner Match Group owns trademarks for terms including “swipe.” Muslim dating app Muzmatch had to rebrand to Muzz after losing a trademark suit against Match.

Possessiveness can backfire… Fights over exclusive naming rights may not be worth the barrage of bad PR they can bring. For Momofuku, it’s an especially bad look because its trademark effort could hurt small Asian American- and Pacific Islander-owned businesses. Momofuku’s goal with the “chile/i crunch” play was to benefit its brand, but it may’ve done the opposite.

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