The owners of the Herbivorous Butcher have won a trademark battle against multinational food giant Nestlé over use of the phrase "vegan butcher," assuring it will remain in the public domain.
The U.S. Patent and Trademark Office closed the case in a Jan. 19 ruling after Nestlé quietly abandoned its pursuit of the trademark for its Sweet Earth Foods division last fall.
Word of the victory arrived a few weeks ago and came as a surprise to Aubry Walch, who first started selling a line of plant-based meats and cheeses with her brother, Kale, at farmers markets in 2014.
"We're really glad that for whatever reason they saw the light," she said. "It was definitely a win for the entire movement."
Through the pandemic, the Herbivorous Butcher, with a retail and wholesale operation across the river from downtown Minneapolis, has kept its doors open in part because of increased sales to consumers.
"That part of the business skyrocketed," Aubry Walch said. "A lot of people are OK spending money because they're not going out to eat as much and just want something a little more special."
After layoffs, a federal forgivable Paycheck Protection Program loan helped the shop hire back all staff members.
The Walches had applied for a trademark of "vegan butcher" several years ago but had been denied on grounds that it was "merely descriptive."
