CONVERSATION PIECE: (Trade)marks the itchy spot for vegan soul food By Christi Nortier
Chicken Licken has fed Mzanzi fried chicken meals like “Soulman load up” doused in “soulfire” sauce with by a side of “soulslaw” since the Eighties. Being a well-loved fast-food chain, this home-grown franchise is one of the biggest of its kind in South Africa. However, it will only share its soul up to a point.
Since “soul” became such a central feature of the company’s branding, the late founder George Sombonos took the decision to trademark the word and its variations.This meant that the word could not be used by anyone else in trade to describe certain types food or drink. In 2001, this was changed to include restaurants and food services. Over the years, other variations of “soul” have been trademarked such as “soulslaw” and “soul food”.
Wheeldon explains that it was necessary for Golden Fried Chicken to take the café to court, although it is vegan, because in his view trademark owners will weaken their rights to their trademark over time if they do not stop others from using the mark. He gave the example of escalator and cellophane as trademarks which became null and void because their owners did not police their use.
The judge argued that Golden Fried Chicken and Oh My Soul Café used “soul” in interpretations and in contexts which are “diametrically opposite to each other”.The respondent’s [Oh My Soul Café] mark characterises its business as a lifestyle restaurant supplying goods and services to vegans. Veganism is a philosophy premised on the belief that animals have souls.
Her parting sentiment was that if the Chicken Licken “soul” brand does communicate to its customers a feeling of African cool, pride and tenacity “… then in the spirit of, which is the South African conception of humanity and Africanism, the applicant should, in the national interest, encourage rather than restrain the use of ‘soul’ to mend our social fractures and fissures.
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