Celebrity chef David Chang's Momofuku is under fire for trying to trademark "chili crunch" and targeting small businesses making the condiment with cease-and-desist orders. Is Momofuku being a trademark bully or protecting its brand?
The Guardian reports that a fiery feud is brewing over a chili crisp spread that's become popular in the US. David Chang's Momofuku is trying to trademark "chili crunch" for it's signature spicy condiment brand and has sent cease-and-desist letters to small vendors using the term. This has small business owners feeling the heat, with some fearing they'll be bullied out of using the catchy phrase all together.
Is Momofuku Being a Trademark Bully?
Momofuku claims they've been selling their own named "chili crunch" spicy topping since 2018 and argue the term deserves trademark protection. However, many smaller companies have been making similar chili crisp condiments for years, often under different names like "chili crisp" or "chili oil." Many have added crunch more recently, possibly to ride the brand's popularity into some new sales. Trademark law protects terms that distinguish a brand, but not generic descriptions, so at least in America, David Chang may have a challenge. Mom-and-pop sellers argue that "chili crunch" simply describes the product and doesn't deserve a trademark. It's like saying "creamy yogurt" or "fried chicken" in the eyes of Chang's detractors.
Spicy Showdown
While Momofuku has the resources for an extended legal battle, many of the targeted companies are small operations, so in this underdog conflict, David may be perceived as Goliath. Fearing a costly fight, some have already caved to Momofuku's demands. Whatever the case, this will definitely leave smaller makers scrambling for new labeling and marketing assets, which is costly and time-consuming.
Will Momofuku succeed in trademarking "chili crunch?" Only time will tell, but this spicy situation highlights the challenges faced by small businesses when larger corporations try to control common phrases. We hope the disagreement gets settled amicably, so good luck to all the independent crispy-crunchy-chili-sauciers out there.
