A Wren Says

As a quick backstory, David Chang has been labeled a trademark bully. Why? He and his company, Momofuku, have been going after any and every one who dares use the terms “chili crunch” in their product name. If you want to read more about it, you can find out more here. But let’s be honest, you probably will also come across this on social media in the next couple of days. I’m not here to recap the drama. I’m not even going to ask “Is ‘chili crunch’ distinct enough to warrant a trademark or is it just descriptive?,” But let’s think about this another way.

Sending cease and desists is a way to protect the integrity of the trademark. In a sense, it is how you can protect your brand image. When people think of those words, you want them to think about the brand.  However, these legal challenges are having the opposite effect. Momofuku, or really Chang specifically, is being labeled a bully. People are so turned off by the behavior that they are actively looking for other brands to support instead. It’s becoming a public relations nightmare.

I’m certain when the team thought through going down this route, it was from the lens of gaining market positioning. I don’t think they thought this challenge would be the reason they would lose it.