New York City, NY – Momofuku, founded by renowned food mogul David Chang, has decided not to defend its trademark on the name “chile crunch” after facing backlash for sending cease-and-desist letters to other businesses using the term.
The company introduced its Chili Crunch product in 2020, a spicy oil blend incorporating dried peppers, sesame seeds, and garlic, inspired by Chinese condiments like chili crisp. Variations of chili crisp and hot sauces have gained popularity in the United States in recent years.
Momofuku obtained the trademark for “chile crunch” from Chile Colonial in 2023. While holding the trademark for “chile crunch,” the company also asserts common law rights to “chili crunch” and has a pending trademark application with the U.S. Patent Office for that spelling.
In March, Momofuku issued cease-and-desist letters to seven companies using the terms “Chili Crunch” or “Chile Crunch” to describe their products. Most of the recipients were small businesses founded by Asian Americans.
The move sparked outcry, particularly from the AAPI community, with many small business owners taking to social media to voice their concerns over the fairness of the action and questioning the ownership of generic terms like “chile crunch.”
Initially defending its trademark enforcement as necessary protection against potential infringements, Momofuku later reversed its decision in response to community feedback. The company stated that it would no longer enforce the trademark, acknowledging the diverse meanings associated with the term “chili crunch.”
Owners of affected businesses, such as Michelle Tew of Homiah, expressed gratitude for Momofuku’s change in stance while urging further efforts to support the AAPI community and small business owners.
Tew emphasized the importance of community support in rallying around affected businesses and encouraging inclusivity in the market.