Chili Competition: Momofuku No Longer Enforcing ‘CHILE CRUNCH’ Trademark
As of April 12, 2024, David Chang and the Momofuku brand stated they no longer intend to enforce the pending "CHILI CRUNCH" and registered “CHILE CRUNCH” trademarks in response to widespread backlash. Momofuku acquired the rights to “CHILE CRUNCH” with an “E,” in 2023 and began the filing process for “CHILI CRUNCH” with an “I” on March 29, 2024.
The Asian American and culinary communities criticized Chang's trademark registration of the phrase "CHILE CRUNCH," claiming that enforcement of this mark would negatively impact family-owned businesses that also create and sell the condiment. "CHILE CRUNCH" refers to a product that is also known as chili crisp, namely an oil and chili pepper-based condiment that has gained popularity in recent years, with brands such as Trader Joe’s and Williams Sonoma making their own versions. The controversy around the mark arose when many mom-and-pop businesses received cease and desist letters from Momofuku for violating their registered “CHILE CRUNCH” and pending “CHILI CRUNCH” trademarks.
Momofuku purchased the trademark from Chile Colonial, LLC, founder of the Denver-based business “CHILE CRUNCH” (also referring to themselves as “the original chile crunch,” who had registered the mark in 2015 for her Mexican cuisine-inspired condiment. After initially receiving a refusal based on the mark being “merely descriptive,” Chile Colonial responded with the argument that the mark has acquired distinctiveness through the company's substantially exclusive and continuous use in commerce over time.
According to online sources, on April 12 Momofuku released a statement acknowledging that the phrase “CHILI CRUNCH” carries a broader meaning for the community and that they do not wish to “own” a culture’s terminology. They stated the following:
We believed the name CHILI CRUNCH reflected the uniqueness of our product, which blends flavors from multiple culinary traditions.
They will no longer be enforcing the marks to allow other brands to create their own products and help make American grocery stores more diverse places.
If you have any questions about trademark registration or enforcement, please feel free to contact me at dmdefilippis@norris-law.com.
Danielle thanks Sajani Patel for her contributions to this blog.