David Chang and Momofuku will stop enforcing ‘chile crunch’ trademark

Renowned celebrity chef David Chang and his global restaurant business, Momofuku, have retracted their policy of enforcing the “chile crunch” trademark. This follows public outcry over the term being widely considered generic among Asian condiment producers.

Momofuku’s initial insistence on the exclusive use of term had prompted backlash, leading to accusations of the company stifling competition. Critics argued the term “chile crunch” could not be distinct enough to merit legal protection, frequently terming the trademark as being “merely descriptive.” However, the firm claimed that usage of the term stemmed from wanting to highlight the uniqueness of their product within the “chili crisp” condiment category.

The company’s decision to not enforce the trademark may potentially allow larger firms like Costco or Trader Joe’s to create similar products under the same name, thus devaluing the trademark. Nevertheless, in a recent announcement, a spokesman for Momofuku stressed their team understands the term has broader undertones and committed to not enforcing their trademark moving forward.

This case has drawn significant attention given the implications for other small producers. Michelle Tew, founder and CEO of NYC-based company Homiah, welcomes Momofuku’s new stance – while calling on them to retire their current trademark entirely. Tew developed her sambal chili crunch based on her Malaysian heritage and believed Momofuku’s trademark enforcement could have disrupted her deals with Whole Foods and Target.

Momofuku will keep the “chile crunch” trademark but will not enforce it, which Chang has equated to a challenge akin to the ring in “Lord of the Rings,” – difficult to give away or destroy. The chef, himself of Korean heritage, hopes this step would ease the divisive gap created between Momofuku and the Asian American and Pacific Islander community.