Saturday, April 13, 2024

Chili crunch is older and better than David Chang.

 

That's all that needs to be said, really. Dude tried to claim "Chile Crunch", two words that describe a sizeable array of products with history in many parts of Asia, as a trademark of the Momofuku product line.

So, branding is a common horror, and taglines aren't new concepts either. The common pattern is a notion of "what it is, and what it does", whether the phrase is literal, figurative, or ironic. "Think Different", for example. That one from Apple got some serious mileage but also took no small amount of heat- particularly when Gandhi showed up as an example in their ad. Imagine the uproar if they'd also put in the Dalai Lama like they'd planned!

But how many things can you think of that use some variant of the word 'chili'? 

How many more that use 'crunch'?

Momofuku inexplicably owns the rights to the term “chile crunch” (spelled with an “e”, you know, like the country), as noted in a 2023 trademark from the US Patent and Trademark Office. This, to my mind, is a staggeringly unethical breach of linguistic protocol, using technicalities and semantics to put a thumb in the eye of 'truth in advertising' law and open up a massive profiteering exploit, made abundantly clear as Momofuku started selling licenses to others. They created an artificial chokepoint! 

Recently, Momofuku also filed for another trademark, this time to 'protect' chile crunch on a broader scale, expanding its territory to chili oils and seasonings, as well as taking swings at alternative spellings. Chile? Chili? Chilli? Talk about overreach.

I can't imagine how they managed to get such a thing approved in the first place. Did they want a brand identifier? Just add the notorious Momofuku name in front and I doubt anywhere near as many people would be complaining- but to keep it deliberately vague, using common descriptors that have decades of history on supermarket shelves? And then take swings at other businesses via Cease and Desist orders? It's clearly an attempt to cut off competitors' ability to openly access, use, and riff on an extremely common product.

Whose palms got greased to make this nonsense happen? I'd love to know.

This ham-handed shot at creating a rigidly defined proprietary product for the Momofuku brand -while deliberately avoiding the name or adding anything distinctive- has managed to aggressively highlight it anyway- and then drag that name straight into the mud where it belongs.

This probably won't sink Momofuku, but it's a solid hit that hopefully does some lasting damage.

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