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Vt.’s ‘Eat More Kale’ Gets Preliminary ‘No’

Bo Muller-Moore holds a stencil used to make shirts on Monday, April 22, 2013 in Montpelier, Vt. The Vermont folk artist who built a T-shirt business around the term "eat more kale" says he's expecting to learn more about his legal fight to protect the term in his fight with the fast food giant Chick-fil-A. Muller-Moore of Montpelier says he expects his lawyer to deliver the news to him Monday about a ruling by the U.S. Trademark office in the case.(AP Photo/Toby Talbot)

Bo Muller-Moore holds a stencil used to make shirts on Monday, April 22, 2013 in Montpelier, Vt. The Vermont folk artist who built a T-shirt business around the term "eat more kale" says he's expecting to learn more about his legal fight to protect the term in his fight with the fast food giant Chick-fil-A. Muller-Moore of Montpelier says he expects his lawyer to deliver the news to him Monday about a ruling by the U.S. Trademark office in the case.(AP Photo/Toby Talbot)

Montpelier (ap) — A Vermont folk artist who built a T-shirt business around the term “eat more kale” said yesterday the U.S. Trademark and Patent office has given him a “preliminary no” in his legal fight to protect the term that sparked a legal battle with the Chick-fil-A restaurant chain.

But Bo Muller-Moore, of Montpelier, said he has six months to respond to the ruling.

Muller-Moore said he had expected to learn more yesterday about his ongoing fight to trademark the phrase “eat more kale.”

The fast food giant Chick-fil-A objected to his efforts in the fall of 2011 because the company said it could be confused with their trademarked phrase “eat mor chikin.”

The legal battle for the term prompted Vermont Gov. Peter Shumlin to say in December 2011 the state would do all it could to help Muller-Moore in his battle against Chick-fil-A.

Muller-Moore’s attorney Daniel Richardson of Montpelier said an official with the Trademark and Patent office thought the two phrases could be confused.

Chick-fil-A did not respond yesterday to an emailed request for comment.