David Chang’s Momofuku Trademark ‘Chili Crunch’ Drama

Restauranteur David Chang’s Momofuku brand wants other companies to cease using the term “chili crunch” or “chile crunch,” saying it infringes on his trademark.

According to The Guardian, Momofuku acquired a trademark for the name “chile crunch” in 2023 as part of a legal settlement from the Denver company Chile Colonial, and it began filing for the trademark of “chili crunch” through the U.S. Patent and Trademark Office as well on March 29, 2024. However, this process can take up to a year.

In the meantime, Momofuku has sent out cease-and-desist letters to companies using both “chili crunch” and “chile crunch” on their condiment labels. However, this situation can get tricky, as the popular condiment has been around for years in Chinese culture. The question remains: Can a company trademark a well-known name?

Chili crunch, also known as chili crisp, chili oil, or chili garlic crunch, is a popular Chinese condiment, according to The Washington Post. It is regularly made with garlic, onions, and spices and is used as a topping for dishes.

However, since the name is so well-known, is it infringing on others in the food industry who had their products before Momofuku? Michelle Tew, the founder and CEO of Malaysian food brand Homiah, which also makes its own proprietary brand of the spicy oil, took to LinkedIn to voice her concern over Momofuku’s legal action. She said, “I was shocked and disappointed that a well-known and respected player in the Asian food industry would legally threaten me — a one-woman show operating on a much smaller scale — from selling a product that is part of my family’s history and culture.”

“Homiah’s Sambal Chili Crunch product is personal and based on a family recipe from my Granny Nonie daring back to countless generations of Nyonya heritage in Penang, Malaysia,” she explained.

Ultimately, Tew and other founders like her believe that the term “chili crunch” is “not distinctive enough for a trademark.” Her lawyer, Stephen Coates, referred to Momofuku as a “trademark bully” picking on small businesses in the hopes that they will give in to its demands due to financial pressure.

Momofuku currently sells the following types of Chili Crunch on its website: standard, hot honey, black truffle, and extra spicy.

“Ever since the early days of Momofuku, we’ve been working on a chili oil that has heat, texture, umami, and a proper balance of flavor. The result is Momofuku Chili Crunch,” the company writes on its website. It adds that the company “spent years” experimenting in kitchens to create a chili oil that is inspired by favorite flavors and tastes.

Momofuku’s website also notes that Chili Crunch uses the same base as the brand’s seasoned salts, as well as crispy shallots, sesame seeds, dried garlic, and coconut sugar.