The popularity of chile crisp condiments in the United States has risen, with a variety of options now available in kitchens across the country. These condiments come in different flavors and textures, some with added ingredients like dried shrimp, fried shallots, or Sichuan peppercorns. The terminology used to describe these condiments, such as chile oil, chile crisp, or chile crunch, has recently come under trademark scrutiny by Momofuku, a culinary company founded by David Chang.
Momofuku has taken legal action to trademark the term “chile crunch” and “chili crunch”, sending cease-and-desist letters to other food companies using similar language in their marketing. The company argues that their version of the condiment is distinctive and has become well-known since its debut in 2020. However, some in the industry argue that these terms are generic and cultural, with numerous variations that exist across different regional styles and techniques in Chinese cuisine.
The case of trademarking condiment terms is not new, with a similar situation occurring with the popularization of sriracha sauce by Huy Fong Foods. The owner, David Tran, did not trademark the word “sriracha” when it became widely used in the United States, leading to it becoming a shared cultural reference point. Similarly, the debate over trademarking chile crisp and chile crunch highlights the challenges of trying to own a term for a basic condiment that has roots in various culinary traditions.
Despite receiving letters from Momofuku, some businesses have decided to continue using the contested terms. One such company is Homiah, whose owner, Michelle Tew, markets a shrimp-rich chile sauce as “sambal chile crunch.” Tew, who was given 90 days to respond to Momofuku’s legal actions, believes that standing her ground is important in the face of trademark disputes. The incident has sparked discussion about the nature of condiments like chile crisp, which are not rigidly defined but rather invite playfulness and creativity in the kitchen.
The ownership of terms like chile crunch and chili crunch seems antithetical to the inclusive and adaptable nature of condiments like chile crisp. While big companies like Momofuku work to protect their brands, the variety of condiments available in the market speaks to the diverse culinary landscape that exists in the United States. As the debate over trademarking continues, it raises questions about who has the right to own terms that are deeply embedded in cultural and culinary traditions. Overall, the discussions surrounding chile crisp and chile crunch highlight the complexities of branding and ownership within the food industry.
