Aubry and Kale Walch owners of The Herbivorous Butcher are taking on a giant in the food industry, Nestlé. The dispute has arisen over a trademark of the phrase “Vegan Butcher” that the brother and sister duo had applied for themselves back in 2017 but were subsequently denied by the USPTO (United States Patent and Trademark Office) on the grounds that in was “merely descriptive” so it was ineligible for protection.
Shortly after the corporate monolith Nestlé applied to trademark the same phrase and were approved with no issue. The very controversial company wants to use the phrase in marketing their “Sweet Earth Foods” brand of products that they purchased back in 2017.
The vegan siblings are contesting the USPTO’s Nestlé decision to either acquire the phrase for themselves as they rightfully should have gotten or to disband the trademark and keep it in the public domain for all to continue using.
Currently the case is currently in discovery meaning lawyers are looking through and researching all of the information before it goes in front of a USPTO administrative panel next. If a decision or settlement isn’t reached during the panel a trial may very well follow to determine this case which is an important one for not only vegan entrepreneurs but for all small businesses who take on large conglomerates like Nestlé.
Vegan News has reached out to the Walch’s but is waiting on a response