Wednesday, August 15, 2018

Can you trademark 'Aloha?' Demonstrators target Aloha Poke food chain


SCREEN CAPTURE
Demonstrators protest a food company's efforts to trademark 'aloha.'

HAWAIIANS fought back against a mainland company's attempt to trademark the term "Aloha Poke" by staging a protest outside the company's Chicago headquarters.
During the event, Native Hawaiians blew conch shells and chanted “Ku’e Aloha Poke” (which means to “resist Aloha Poke”). Some of the signs carried by the 200 demonstrators read: “Aloha is Not For Sale.”

Aloha is a traditional greeting and expresses a spirit of welcoming, respect and acceptance. Some might argue trademarking "Aloha" is akin to trademarking "hello." Poke is a traditional Hawaiian dish of cubed raw fish in a soy sauce-based sauce.

The Aloha Poke Company, based in Chicago and owned by non-Hawaiians, trademarked the term "Aloha Poke" and tried to assert its ownership by sending threatening letters to any other restaurants that sounded similar.

Two hundred protesters rallied today against Aloha Poke Company after the company sent cease-and-desist orders to other restaurants in HawaiĘ»i, Alaska and other places with the word “Aloha” and the term “Aloha Poke” in their names. 

Most of the targeted businesses are sttrugging small businesses and obeying the warning means having to change their stationary, signage and online presence.

The company did not expect the reaction sparked by their legal action. Its company called the action “offensive,” labeling the move as “culture appropriation” and “gentrification.”

The company also unexpectedly stepped into the Hawaii sovereignty movement that seeks to secede from the United States.

Demonstrators in Chicago say the attempt at trademark enforcement is an “aggressive effort to assert ownership over the Native Hawaiian word ‘aloha.'”

The "Aloha Not For Sale" campaign is being coordinated by a coalition of Native Hawaiian organizations from Chicago, Hawaii and Alaska. The coalition is led by Lanialoha Lee of the Aloha Center Chicago, a multi-media resource cultural center in Chicago dedicated to the preservation and perpetuation of Native Hawaiian and South Pacific Arts.

The company issued an apology on Facebook calling some of the accusations as misunderstandings based on misinformation. The apology said in part:
"...it is entirely false that we have either sued businesses for using the word Aloha or the word Poke or sought a 'gag order' on anyone for using the words. We honestly do not know how either claim came to be, but this is simply not true. What we have done is attempted to stop trademark infringers in the restaurant industry from using the trademark 'Aloha Poke' without permission. This is a very common practice used across industries, and in particular, in the restaurant industry to protect the use of a business’ name and brand."
The Aloha Not For Sale campaign demands that the Aloha Poke Company:
  • Make “a real apology” – “one that admits it was wrong in issuing cease-and-desist letters to business owners;”
  • Retract the cease-and-desist letters sent to other businesses; and
  • Rescind its trademark on the words “aloha” and “poke.”
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