Getting Worse: The Office Of Hawaiian Affairs Jumps Into The Aloha Poke Situation As Chicago Chain Stonewalls

from the culture-schlock dept

It's been a week or so since we last checked in on the Aloha Poke situation, so perhaps you were wondering how things were coming along with the Chicago chain that wasn't founded by Hawaiians attempting to bully native Hawaiian poke joints across the country out of using their own language and culture over trademark concerns. You will recall that Aloha Poke Co. had sent cease and desist notices to many poke restaurants that dared to use the ubiquitous Hawaiian term "Aloha" in their names, including to proprietors on the Hawaiian Islands themselves. That many operations throughout the country had been chugging along sharing this name and food culture without issue apparently didn't prevent Aloha Poke Co. from registering "Aloha Poke" as a trademark and then go the bullying route. The last touchstone in all of this was a hundreds-strong planned protest at the company's headquarters in Chicago, which indeed ended up happening.

So, how have things gone since? Well, Aloha Poke Co. appears to be simply digging in its heels and trying to ride this storm out rather than backing down, but it's a strategy that doesn't appear to be working all that well. Just this week, the Office of Hawaiian Affairs, an organization that promotes and protects Hawaiian culture, has jumped into the fray, both voicing its displeasure at Aloha Poke Co.'s bullying and essentially filling up its homepage with news about the protests.

In a statement, OHA CEO Kamana’opono Crabbe described the attitude of OHA as “appalled” over the food chain’s trademarks, which uses culturally significant words from ‘Ōlelo Hawai’i, the traditional native Hawaiian language.

OHA also asserted that they were currently contacting prominent stakeholders to “discuss possible solutions” to the trademark controversy.

The organisation went on to highlight the continuous “commercialisation and exploitation” of traditional Hawaiian culture that hinders attempts to preserve customs and languages in an appropriate manner.

As we've said in past posts, the concerns about cultural appropriation, particularly in light of the subsequent bullying, are valid and very real, but the better route to victory against Aloha Poke Co. is almost certainly legal arguments over its trademark more generally. Whatever you might think of this sort of cultural appropriation, it seems obvious to me that the United States government and its USPTO wing are not sure-fire candidates for swaying on arguments that big business isn't treating natives all that well. Backing that statement up for citation purposes is: history.

Instead, we should be seeing as many or more arguments that the term "Aloha" is, as stated, ubiquitous and non-identifying, whereas the term "poke" simply refers to the goods sold at these establishments. Marrying a generic term with a name of a product you can't trademark obviously doesn't create a valid trademark.

But none of that is to suggest that efforts to gin up anger over the appropriation side of this doesn't have a place in getting Aloha Poke Co. to reverse course on its bullying. Public shaming does indeed work and it's good to see that the company's current strategy of waiting out the anger simply isn't working.

In other words: Dear Aloha Poke Co., it's probably time to cut your losses and issue a mea culpa.

Filed Under: cultural appropriation, hawaii, office of hawaiian affairs, poke, trademark
Companies: aloha poke

Aloha Poke Co. Rewarded For Trademark Bullying With Protests Outside Its Headquarters In Chicago

from the poke-in-the-chi dept

On the matter of trademark bullying, we typically talk about these cases as matters of legal outcomes and courtroom repercussions. Less discussed is the power of the masses in the form of protest and public shaming in order to combat trademark bullies. And, yet, that appears to be part of the equation trying to solve the irritation that is Aloha Poke Co.'s trademark bullying of actual Hawaiian poke joints out of their own culture.

You will recall that we recently discussed Aloha Poke Co., the Chicago-based poke chain that doesn't count any actual Hawaiians among its founders, firing off cease and desist letters to all manner of other joints that use some version of "Aloha" and "Poke" in their names. Most of these other entities are owned and operated by actual Hawaiians, from which both words and their cultural relevance stems. With so many entities out there using what are fairly generic terms in the realm of anything Hawaiian, the suggestion for public confusion made by Aloha Poke Co. seems spurious at best. Perhaps as importantly, if the company thought that the public wouldn't get wind of its bullying, it appears that it was very, very wrong, as protests at its Chicago headquarters have been organized.

The first protest is 10 a.m. to 2 p.m. Friday in front of Aloha Poke Co.'s corporate headquarters at 303 W. Madison St. Another one is scheduled 12:30 to 2:30 p.m. Aug. 15 in front of the company's Lincoln Park location at 818 W. Fullerton Ave. A march in the Loop is also being planned for Monday, though details are still being confirmed.

Lanialoha Lee, who founded Aloha Center Chicago, is spearheading the Aug. 15 protest. She first became aware of the controversy after watching the video from Dr. Kalama O Ka Aina. "Everybody I know messaged me about it," says Lee. "It was all over my Facebook. I was really stunned." Lee hopes that the protests open "more eyes on the corporate level and at the restaurant level."

Most of those involved in organizing the protests are setting their aim on educating the restaurant as to how important these words and dishes are to Hawaiian culture, not to mention how those terms have been shared without incident across many businesses and restaurants. While that is exactly the right tone to take, it seems likely that the press surrounding the Chicago company being protested by Hawaiians and those interested in protecting Hawaiian culture will play a role as well. That will be all the more the case given some of the incendiary language choices the restaurant has engaged in when responding to the first news reports on its bullying, such as calling it all "fake news."

That kind of public exposure and shaming can have as profound and a far speedier impact than any legal proceedings. Aloha Poke is in the business of making money, after all, and this kind of exposure and coverage carries no positive public relations weight at all. If trademark bullies can be defeated in the court of public opinion rather than in actual courtrooms, all the better.

Filed Under: aloha, chicago, hawaii, poke, trademark
Companies: aloha poke

Chicago Poke Chain Sends C&D To Hawaiian Poke Joint Demanding It Not Be Named 'Aloha Poke'

from the poke-in-the-i dept

Usually a trademark bully bullying over a mark that is fairly generic is enough to get the hair on our backs to stand up. When you add in a little irony in the form of the bully engaging in fairly blatant cultural appropriation for that generic mark, things get even more salty. But when you then have the bully spout off thinly-veiled political language of the most annoying variety in response to the backlash, you have something of a unique dish of hatred.

Which brings me to Aloha Poke Co. of Chicago. Aloha Poke Co. is a chain of restaurants cashing in on the poke craze. It is not owned by Hawaiians, the language from which the word "Aloha" is quite famously taken. It does not operate in Hawaii. And, yet, it has seen fit to fire off a cease and desist notice to the Aloha Poke Shop in Honolulu, demanding that it immediately change its name and branding.

The lawyers with the firm represented a company from the city, the Aloha Poke Co., that had jumped on one of the latest food trends - selling the Hawaiian staple poke, made from raw marinated ahi tuna - in 2016 and quickly expanded their reach to more than a dozen locations in Chicago and cities such as Milwaukee, Denver, and Washington D.C.

Sampson also operated a poke shop, a luncheonette of 20 seats that he had opened with three friends in downtown Honolulu that shared little in common with the Chicago chain besides the dish and, coincidentally or not, given the commonality of the Hawaiian word, the name. When Sampson and friends opened the luncheonette about a year and a half ago, they had named it the Aloha Poke Shop, using the traditional Hawaiian greeting and word of welcoming. Now the lawyers, with the firm Olson and Cepuritis, Ltd., were demanding that he change the business's name, website, logo and materials to cease using the words "Aloha" and "Aloha Poke" immediately.

Now, Aloha is a multi-meaning word of Hawaiian origin that is also used as a greeting on the island. Famously so, in fact. In connection with anything Hawaiian, it's about as generic as it gets as a source-identifier. Poke is the name of the dish these restaurants sell. It is purely descriptive. Putting a generic term next to one that is purely descriptive ought to be fairly easy for the USPTO to have looked at and realized that it never should have been afforded trademark protection. But, since it did, the end result is that Aloha Poke Co. has been going around the country, including in markets in which it does not operate, and demanding that native Hawaiians stop using their own language for their businesses. That really is about as insane as it gets.

And the public backlash to all of this has been swift.

But the news that the Midwestern chain, which doesn't count any native Hawaiians among its founders, was sending cease-and-desist letters to threaten small poke restaurants not only in Hawaii, but around the country, has set off an even deeper round of anger, touching on longstanding wounds left from Hawaii's long history of colonialism and commodification at the hands of outsiders.

The disclosures about the cease-and-desist letters have resulted in calls to boycott the Chicago chain, including a petition to urge the company to drop the words from its name. A congressional candidate from Hawaii has issued a sharp rebuke on social media. And hundreds of angry commenters have flocked to the chain's social media pages to express their displeasure, accusing the company of cultural appropriation, of bullying small businesses, of disrespecting Hawaiian culture and well, not even making real poke in the first place.

To be honest, the emphasis on cultural appropriation doesn't impact me all that much as to the validity of the trademark. Such appropriation may be gross, but as a matter of law it should be clear that the better argument is that Aloha Poke Co.'s trademark is far too broad and generic to serve to identify the source of its product to the public. Frankly, I was somewhat inclined to ignore all of the consternation about cultural appropriation entirely, until the Aloha Poke Co. and its founder decided to speak up using barely-coded language to, ahem, poke its detractors in the eye.

"First, we want to say to them directly how deeply sorry we are that this issue has been so triggering," the company said. "In the rare instance where we have needed to send notices to those using our trademark in the restaurant industry, we have done so in a cooperative manner, and all have complied with our request to rebrand without any resulting legal action. Not a single business has closed as a result of this."

Triggering? Cool PR you guys have there. And, from the founder, Zach Friedlander, who is no longer with the company but has supported its efforts at trademark bullying.

The company's founder, Zach Friedlander, who left it earlier this year around the time former Potbelly executive Chris Birkinshaw was brought on as CEO, according to Eater, defended the company's actions on Facebook as "efforts taken to protect, as any business would, its brand" and labeled some of the criticism as "false news" and a "witch hunt."

It seems Hawaiian language isn't the only thing Aloha Poke Co. appropriates from. Still, the end result of all of this should be sobering for the chain. Calls for boycotts, an infestation of negative comments on its social media pages, not to mention that Sampson has decided to stand his ground and not change a thing about his Aloha Poke Shop mean that the only move the chain has left is either to slink away or, worse, actually take a Hawaiian native to court over all of this. Either would serve as an own-goal for its business.

Filed Under: aloha, chicago, cultural appropriation, hawaii, poke, trademark
Companies: aloha poke