By: Stella B. Haynes Kiehn 

The famous culinary brand Momofuku’s recent attempt to trademark “Chili Crunch” oil has ignited a sizzling debate between federal trademark law and a beloved cultural staple, ultimately leading to a public apology by the brand’s founder.

Momofuku, a food empire owned by celebrity chef David Chang (“Chang”), comprises four restaurants in New York, Las Vegas, and Los Angeles. Chang founded Momofuku in 2004 with the opening of Momofuku Noodle Bar in New York City. The New York Times credits Momofuku with “the rise of contemporary Asian-American cuisine” and Bon Appétit magazine named Momofuku the “most important restaurant in America.”  Momofuku also sells “restaurant-grade products for home cooks” and bottled versions of their famous sauces – the start of the currently contested trademark issue.

Early this year, Momofuku launched a pre-packaged version of their infamous chili sauce, calling it “Chili Crunch.” The sauce is described as “a spicy-crunchy chili oil inspired by Chinese chili crisp and Mexican salsa seca and salsa macha.” Consumers can purchase the Chili Crunch through Momofuku’s website for $13 per 5.5oz jar. On March 29, 2024, shortly after the product was introduced, Chang applied for federal trademark registration of the term “Chili Crunch.” The mark’s application sought to cover “condiments; sauces; food flavorings being non-essential oils; chili oil for use as a seasoning or condiment; chili oils being condiments.”

The names of foods can be trademarked in certain situations. A trademark is a word, phrase, symbol, or design that identifies and distinguishes one party’s goods from those of another party. In other words, a trademark sets one product apart from its competitors. Therefore, in the culinary world, a food trademark is a name, logo, or phrase used to brand and distinguish a food product from similar food products made by other companies. Momofuku likely would have applied sooner for federal trademark protection but was limited because federal registration requires the mark to have been used (or have a bona fide intention to use) in commerce.

Currently, the mark is merely at the application stage, and no decision has been issued by the United States Patent and Trademark Office (USPTO) as to the validity of the mark. Despite this, Chang’s team began to send out cease and desist letters to other businesses using the term “chili crunch” to describe their chili oil sauces. One such recipient, Michelle Tew (“Tew”), founder of the Malaysian food brand Homiah, told The Guardian that the letter states “that Momofuku is the ‘owner of all trademark rights’ for ‘chile crunch’ and ‘chili crunch’ (two different spellings) and that her product, Homiah Sambal Chili Crunch, is a trademark infringement. Tew said her chili crunch is based on her Malaysian family’s recipe, where she grew up.” Buzzfeed published a similar story about another cease and desist letter recipient; “MìLà, a company specializing in frozen soup dumplings and founded by husband-and-wife team Caleb Wang and Jen Liao, posted a similar statement on Instagram after receiving their own cease-and-desist from Momofuku, stating that there’s ‘’” In both letters, Momofuku informed recipients that they had 90 days to cease use of the “Chili Crunch” mark prior to legal action.

The registration of names for food products is nothing new. However, at issue here is both the general community’s and the AAPI (Asian American Pacific Islander) community’s argument that Chang’s excessive policing of “Chili Crunch” essentially turned him into a “trademark bully.” Notably, businesses that were the subject of the cease and desist letters were quick to take to social media and point out that they were all recipients were members of the AAPI restaurant community. Additionally, many recipients also noted that the term “chili crunch” was a “generic cultural term.”

On April 15, likely due to pushback from the culinary AAPI community, Chang announced that he would not enforce the trademark for “Chili Crunch.” While Momofuku still owns the rights to the term “Chile Crunch” (spelled with an “e”), Chang stated that Momofuku will no longer enforce that mark (Momofuku acquired the trademark for the name “chile crunch” from Chile Colonial in 2023). Momofuku elaborates that their decision to no longer enforce the mark could open the door for another company to claim the mark in the future.

Ultimately in a statement to The Eater a Momofuku spokesperson stated; “this situation has created a painful divide between Momofuku, the AAPI community we care deeply about, and other companies sharing grocery store shelves. But the truth is, we all want the same things: to grow, to succeed, and to make America’s pantries and grocery stores a more diverse place.” Ultimately, Momofuku’s case has highlighted that while companies may pursue trademark protection to safeguard their brand identity and market position, companies must also navigate the delicate balance of respecting cultural heritage and community sentiments.