A jury will ultimately decide whether author Dov Seidman is entitled to a trademark of the word "How."

Author sues major yogurt company over use of 'How'

October 7, 2014 6:45 pm Published by Leave your thoughts

Author Dov Seidman is targeting yogurt company Chobani for its use of the phrase "How Matters" in a recent marketing campaign. Seidman claims Chobani's use of the phrase — particularly the word "how" — infringes on his intellectual property. 

According to an article published by The New York Times on Sunday, Chobani "is in the midst of an ambitious brand campaign intended to highlight the quality of its yogurt and the way it is made," and is using "How Matters" as the cornerstone of that campaign.

Seidman, who authored the book "How: Why How We Do Anything Means Everything," objects to the yogurt company's use of "how" and is suing Chobani and Droga5, its advertising agency, in an effort to make Chobani pull the campaign. 

"Chobani and Droga5 have responded aggressively," the Times reports, asserting that they were entirely unaware of Seidman's work and requesting that the court nullify Seidman's ownership of the "How" trademark, which is currently held by his company, LRN.

In the days before Chobani debuted the "How Matters" campaign during a 2014 Super Bowl commercial break, the company tweeted at Seidman:

"@DovSeidman: Thanks for inspiring the world to care about 'how.' Can you help inspire the food industry, too?"

Seidman is using the tweet as evidence, claiming it is proof that the company and its ad agency were well aware they were trespassing on his intellectual property, and accusing the collaborators of taking the concept directly from his book. Droga5 insists the idea originated from a brainstorming meeting at a Thai restaurant and was inspired by its use of an open kitchen, the Times reports. 

The fates of the Chobani campaign and Seidman's "How" will be handed to a jury if and when the case goes to trial.

Regardless of the future outcome, this case exemplifies the need for businesses of all sizes to contact an attorney specializing in intellectual property law before launching a marketing campaign.

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