Skip to content
PivotPivot

Can Chili Crunch Be Trademarked? | Pivot

Kara Swisher and Scott Galloway discuss the controversy around Momofuku's David Chang trying to trademark chili crunch. Can a condiment really be trademarked? How far does IP protection go? #pivot #podcast #davidchang #chilicrunch

Kara SwisherhostScott Gallowayhost
Apr 11, 20244mWatch on YouTube ↗

At a glance

WHAT IT’S REALLY ABOUT

Chili Crunch Trademark Fight Exposes Limits of Intellectual Property Protection

  1. The episode examines Momofuku’s decision to trademark the term “Chili Crunch” and send cease-and-desist letters to other makers of the popular Asian-style condiment.
  2. Kara Swisher criticizes the move as trying to own a generic cultural product, likening it to trademarking ketchup, while Scott Galloway frames it within the broader role and abuse of intellectual property protections.
  3. They argue that although IP rights are crucial for innovation, they are increasingly weaponized by well-resourced companies for intimidation, PR, and quasi-monopoly behavior.
  4. Both hosts predict that “Chili Crunch” will likely be deemed too generic to own, framing the case as legal harassment that highlights problems in the trademark system itself.

IDEAS WORTH REMEMBERING

5 ideas

Generic terms are hard to defend as trademarks.

Common product names like “Chili Crunch,” widely used across markets and cultures, are likely to be deemed generic and thus not ownable by a single company.

IP protection is essential but easily abused.

While trademarks and patents incentivize innovation, they can also be stretched beyond reasonable bounds to control markets and stifle competition.

Cease-and-desist letters function as intimidation tools.

Well-funded companies often rely on the cost and fear of litigation to pressure smaller competitors into rebranding or exiting, regardless of the ultimate legal merits.

Courts act as a necessary check on overbroad IP claims.

Judges can draw the line on what is truly protectable, dismissing inflated claims and sometimes forcing companies to cover opponents’ legal costs for frivolous actions.

The trademark and patent systems themselves need scrutiny.

The fact that a term like “Chili Crunch” could be registered at all suggests systemic issues in how trademarks are examined, approved, and later challenged.

WORDS WORTH SAVING

5 quotes

This seems crazy for Momofuku and David Chang to do. He looks like an asshole.

— Kara Swisher

The majority of bad ideas started out as good ideas, and that is our ability to protect IP.

— Scott Galloway

This reminds me of when Paris Hilton tried to trademark 'that's hot.'

— Scott Galloway

IP protection has taken on all this different nuance including intimidation, including well-resourced monopolies.

— Scott Galloway

These are generic terms, and I believe the court will say, 'Sorry, this term has become generic, and you can't own it.'

— Scott Galloway

Momofuku’s trademark of the term “Chili Crunch”Generic cultural products versus proprietary intellectual propertyWeaponization of IP and cease-and-desist letters against smaller competitorsRole of courts and the trademark office in setting limits on IPUse of patents and trademarks as PR tools by large companiesPower imbalance between big brands and small businesses in legal disputesBalancing innovation incentives with maintaining competitive markets

High quality AI-generated summary created from speaker-labeled transcript.

Get more out of YouTube videos.

High quality summaries for YouTube videos. Accurate transcripts to search & find moments. Powered by ChatGPT & Claude AI.

Add to Chrome