David Chang’s Momofuku is facing criticism for targeting small businesses that sell similar hot sauces to their popular pantry items, such as Chili Crunch. Michelle Tew, owner of Homiah, a New York-based business selling Malaysian foodstuffs, received a cease-and-desist letter from Momofuku alleging trademark infringement, causing outrage in the food world. MomoIP LLC, an affiliate of Momofuku, holds a trademark for the term “chile crunch” and has filed to trademark an alternative spelling, “chili crunch.” Many in the food community believe these terms are generic descriptors for common Asian condiments, not exclusive to Momofuku.
Several small businesses, including MìLà, a Seattle-based outfit known for its soup dumplings, have also received similar letters from Momofuku. Co-founder Caleb Wang expressed disappointment in the actions of Momofuku, especially within the small and collaborative AAPI community. The Asian condiments market has long been popular, with classic brands like Lao Gan Ma and newer brands like Fly by Jing gaining retail presence in thousands of stores. Top Chef winner Stephanie Izard previously sold a condiment labeled “Chili Crunch” under her This Little Goat label, although the product was later renamed “The Crunch.”
Tew has had to spend thousands of dollars on legal counsel to respond to the letter from Momofuku, hoping that the trademark for “chili crunch” won’t go through or that Chang will change his mind. Her lawyer has called Momofuku a “trademark bully,” highlighting the power imbalance between a large corporation like Momofuku and small businesses like Homiah. Tew fears that any legal battle with Momofuku could result in devastating financial losses for her company, as changing packaging or going to court could cost tens or hundreds of thousands of dollars.
The actions of Momofuku have incited anger in the food community, with many believing that the phrases “chile crunch” and “chili crunch” are merely generic terms for common Asian condiments. Small businesses like Homiah and MìLà have been affected by cease-and-desist letters from Momofuku, causing disappointment and frustration among business owners. While Asian condiments with a spicy oil and crunchy element have been popular for years, the controversy surrounding Momofuku’s trademark actions has brought attention to the issue of trademark bullying in the food industry.
Despite the backlash, Momofuku has not responded to requests for comment on the controversy surrounding their trademark for “chile crunch.” The Asian grocer Yun Hai Taiwanese Pantry has announced that they will stop selling Momofuku’s products in response to the situation, reflecting a broader sentiment of solidarity within the food community against trademark bullying. The story of small businesses like Homiah and MìLà facing off against a larger corporation like Momofuku highlights the challenges and power imbalances that exist within the food industry, particularly when it comes to trademark disputes.
