Momofuku says it won’t enforce ‘chili crunch’ trademark
By Carl Samson
Momofuku will not be enforcing its trademark on “chili crunch” after a fiery backlash from the Asian American community.
Key points:
- Momofuku decided to not enforce the trademark, which is still pending.
- Owner and celebrity chef David Chang also apologized for his company’s actions.
- Without Momofuku’s policing, “chili crunch” could become a generic term.
The details:
- Momofuku sparked controversy in the past week after news came out that it had sent cease-and-desist letters to several small, Asian American-owned businesses that are also using “chili crunch” to name their products. Critics argued that it should be a generic term.
- Momofuku initially maintained its claim, arguing that the trademark aims to prevent larger companies from exploiting the market. But in a statement to the Washington Post on Friday, a spokesperson said they “now understand that the term ‘chili crunch’ carries broader meaning for many” and that they “have no interest in ‘owning’ a culture’s terminology.”
- On his podcast on Friday, Chang apologized to “everyone in the AAPI community who’s been hurt or feels like I’ve marginalized them or put a ceiling on them by our actions.” He said he understands why people are upset:
“I spent the greater part of my adult life trying to bring light to Asian food, Asian American food, Asian identity, what it means to be Asian American. I understand why people are upset and I’m truly sorry.”
- Momofuku acquired the trademark for a nearly similar term, “chile crunch,” last year as part of a legal settlement with Denver-based Chile Colonial. On Chang’s podcast, Momofuku CEO Marguerite Mariscal explained that they faced a dilemma of protecting the trademark while ensuring that no other company took “chili crunch”:
“When we acquired this mark (“chile crunch”), it then became our job to protect it. The reason we received a cease-and-desist from Chile Colonial is the same exact reason that Momofuku was sending them out, which is if you don’t show the USPTO (United States Patent and Trademark Office) that you’re routinely defending your mark — and that’s from any size business, large, small — then you’re at risk of losing your trademark.”
What’s next:
- The trademark is still pending, as per AP News. Moving forward, Chang said their plan is to do “nothing.” “We’re not going to enforce the trademark. And by doing so, it’s possible that it becomes a generic term and nobody can own it.”
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