Getting Worse: The Office Of Hawaiian Affairs Jumps Into The Aloha Poke Situation As Chicago Chain Stonewalls
from the culture-schlock dept
It’s been a week or so since we last checked in on the Aloha Poke situation, so perhaps you were wondering how things were coming along with the Chicago chain that wasn’t founded by Hawaiians attempting to bully native Hawaiian poke joints across the country out of using their own language and culture over trademark concerns. You will recall that Aloha Poke Co. had sent cease and desist notices to many poke restaurants that dared to use the ubiquitous Hawaiian term “Aloha” in their names, including to proprietors on the Hawaiian Islands themselves. That many operations throughout the country had been chugging along sharing this name and food culture without issue apparently didn’t prevent Aloha Poke Co. from registering “Aloha Poke” as a trademark and then go the bullying route. The last touchstone in all of this was a hundreds-strong planned protest at the company’s headquarters in Chicago, which indeed ended up happening.
So, how have things gone since? Well, Aloha Poke Co. appears to be simply digging in its heels and trying to ride this storm out rather than backing down, but it’s a strategy that doesn’t appear to be working all that well. Just this week, the Office of Hawaiian Affairs, an organization that promotes and protects Hawaiian culture, has jumped into the fray, both voicing its displeasure at Aloha Poke Co.’s bullying and essentially filling up its homepage with news about the protests.
In a statement, OHA CEO Kamana’opono Crabbe described the attitude of OHA as “appalled” over the food chain’s trademarks, which uses culturally significant words from ‘?lelo Hawai’i, the traditional native Hawaiian language.
OHA also asserted that they were currently contacting prominent stakeholders to “discuss possible solutions” to the trademark controversy.
The organisation went on to highlight the continuous “commercialisation and exploitation” of traditional Hawaiian culture that hinders attempts to preserve customs and languages in an appropriate manner.
As we’ve said in past posts, the concerns about cultural appropriation, particularly in light of the subsequent bullying, are valid and very real, but the better route to victory against Aloha Poke Co. is almost certainly legal arguments over its trademark more generally. Whatever you might think of this sort of cultural appropriation, it seems obvious to me that the United States government and its USPTO wing are not sure-fire candidates for swaying on arguments that big business isn’t treating natives all that well. Backing that statement up for citation purposes is: history.
Instead, we should be seeing as many or more arguments that the term “Aloha” is, as stated, ubiquitous and non-identifying, whereas the term “poke” simply refers to the goods sold at these establishments. Marrying a generic term with a name of a product you can’t trademark obviously doesn’t create a valid trademark.
But none of that is to suggest that efforts to gin up anger over the appropriation side of this doesn’t have a place in getting Aloha Poke Co. to reverse course on its bullying. Public shaming does indeed work and it’s good to see that the company’s current strategy of waiting out the anger simply isn’t working.
In other words: Dear Aloha Poke Co., it’s probably time to cut your losses and issue a mea culpa.
Filed Under: cultural appropriation, hawaii, office of hawaiian affairs, poke, trademark
Companies: aloha poke
Comments on “Getting Worse: The Office Of Hawaiian Affairs Jumps Into The Aloha Poke Situation As Chicago Chain Stonewalls”
Yeah their dude was screaming it was fake news… I highly doubt the concept of loss is in his brain.
Hopefully he’ll run the whole damn thing into the ground, of course the problem will still remain the USPTO is filled with people who make morons in a hurry like like Einstein.
Re: Re:
Look like Einstein.
Office of Hawaiian Affairs also problem
Caution Office of Hawaiian Affairs try control language and culture, part of public domain. I hope they not use traditional language of England and “culturally significant words” from English language.
Re: Office of Hawaiian Affairs also problem
Of course they will, they have been forced to do so. It’s the exact opposite of appropriation, and know as colonialism.
But nice try.
You Say “Cultural Appropriation” Like It’s A Bad Thing
When the weaker culture copies from the stronger one, it’s called “Colonialism”.
When the stronger culture copies from the weaker one, it’s called “Cultural Appropriation”.
Is there some kind of common agenda of “Cultural Purity” going on here?
Answers on a postcard, please.
Re:
Cultural appropriation is Tucker Carlson ranting about tacos being an American food while interviewing a Mexican reporter.
Re: Re: Cultural appropriation is Tucker Carlson ranting about tacos
Sure. But no doubt you also have Mexicans claiming that USian tacos are not like the genuine Mexican item at all — just like Italians say about their pizza.
Can you have it both ways?
Re: Re: Re:
Yes.
Re: Re: Re: Cultural appropriation is Tucker Carlson ranting about tacos
We shouldn’t be judging the validity of such claims based on the ethnic backgrounds of the parties involved. It’s fine to differentiate Mexican and US tacos, and to compare with historical versions of the foods, but it shouldn’t matter whether it’s a Mexican or American making the claims.
Re: Re: Re: Cultural appropriation is Tucker Carlson ranting about tacos
yes, it is called a Tacizza.
Re: Re: Re:
Okay, that was just hilarious, thanks for sharing.
Re: Re: Re:
Carlson may have confused taco & burrito, this makes a bit of sense in that he is easily confused.
Re: You Say “Cultural Appropriation” Like It’s A Bad Thing
In both cases the stronger has the weapons with which to dominate the weaker,hence the adoption is asymmetrical.
Re: Re: You Say “Cultural Appropriation” Like It’s A Bad Thing
Is cultural contamination something to be avoided?
Re: Re: Re: You Say “Cultural Appropriation” Like It’s A Bad Thing
In some cases. When the abrogation disallows the original culture its use, then I would say yes. When it is done as an homage to the original culture, then I would say no. Some of the problem has to do with point of view, and tone, on both sides.
There should be some consideration taken for the original culture, but that should not preclude the possibility of
homage. In some instances the original culture will take offence, because they can, not because they should.
In this case, I think they should, but it sure sounds like the Chicago chapter of the Office of Hawaiian Affairs is doing so because they can, not that they should. But with a different tone, they should do so, because they should, not because they can. Tone has a lot to do with whether it is a self serving position, or an homage.
Re: Re: You Say “Cultural Appropriation” Like It’s A Bad Thing
“We are the Borg. Your biological and technological distinctiveness will be added to our own. Resistance is futile.”
Re: Re: Re: You Say “Cultural Appropriation” Like It’s A Bad Thing
Response: Now class, I will demonstrate electrical resistance using this handy Borg drone! BZZZAP
“In other words: Dear Aloha Poke Co., it’s probably time to cut your losses and issue a mea culpa.”
And in next week’s news, Aloha Poke Co. announces they are changing their name to Poke Mon Co. as they become a Caribbean focused company.
Re: Re:
https://78.media.tumblr.com/7fca71b68417acb288d42b636481a751/tumblr_pdek4tofAe1v8orvpo1_1280.jpg
Done that..
For people who obsess about cultural appropriation...
this cause is for you. And it’s justified.
Re: For people who obsess about cultural appropriation...
Yes, in this specific case.
Because this is the first time I’ve seen something called "cultural appropriation" that actually resembles real appropriation. That is, they are trying claim exclusive ownership over the phrase.
Usually it’s just someone being insensitive, even disrespectful. And that’s bad. But it’s not making your culture actually any less available to you.
Re: Re: For people who obsess about cultural appropriation...
Yeah, appropriating to the point where Hawaiians can’t use it anymore.
Public shaming does indeed work and its good to see
I think most totalitarian regimes would agree with that, the Chinese government for example, who likes to display people’s debts and criminal history on bills boards as they walk through the city. That’s proven effective on controlling their population. Of course, that’s in China.
Or the Muslim cultures that stone gay people to death to shame their sexual orientation. Or fathers who drown their daughters for sexual impropriety. Of course, that’s (mostly) in the Middle East.
I’m not sure Techrit’s attempt at shaming Shiva in the USA will work out – time will tell. You might shame him right into winning the Senate.
Trying to shame Trump has not worked out so well – he’s POTUS now. The USA is not China or the Middle East.
Attempts at shaming is pretty much your entire modus-operandi here, isn’t it? What is hilarious is that you are ashamed of shaming others, and never are straightforward about it. Your censorship is shame based, anyone who points out how ridiculous your articles and morals are (promoting public shaming, for example) shame you, and in response, you are so ashamed, you censor them. Shameful Techdirt, simultaneously manufacturing shame and experiencing it, daily, and in public. Shamefully censoring any critics. What a career.
Techdirt Wikipedia: a whole society of shameless shamers. Writing there is a little like joining a pig rolling in his own shit to reason with him that he shoulnd’t.
Probably a waste of time, but I remain an eternal optimist.
Publius
Re: Public shaming does indeed work and its good to see
the Muslim cultures that stone gay people to death to shame their sexual orientation
This coming from the guy who throws a hissy fit after accusing one of his critics of being a lesbian separatist.
You can’t play the morality card, Hamilton. You’re fucking terrible at it.
Re: Re: Public shaming does indeed work and its good to see
I was not shaming her. I was pointing out she was insincere in her self declaration as first a conservative and then a police officer. Being a lesbian separatist is not shameful, it makes her interesting and full of conviction.
Re: Re: Re: Public shaming does indeed work and its good to see
I was pointing out she was insincere in her self declaration as first a conservative
Yeah, by using basis and rationale that is the argumentative equivalent of a shitstain you marked on a piece of toilet paper after wiping your own ass.
Every interaction you have with her where the "lesbian separatist" meme is brought up has been nothing short of derogatory and condescending. For whatever dumbass reason, that’s somehow not considered "shaming".
Not only are you a shitty moralist, Hamilton, you’re even worse when it comes to being a liar.
Re: Re: Re:2 Public shaming does indeed work and its good to see
It is difficult not to be condescending in the face of such weak criticism.
Re: Re: Re:3 Public shaming does indeed work and its good to see
It is difficult not to be condescending in the face of such weak criticism.
Finally something we agree on, you sad schmuck.
Re: Re: Re:3 Public shaming does indeed work and its good to see
That’s the first thing you’ve ever been right about. But not in the way you think.
Re:
Please fuck off and die angry about Shiva “I claim I invented email and all I got was this lousy loss in court” Ayyadurai getting his ass kicked by Mike and the Legal Mechanics.
Re: Re: Re:
I have read that Shiva got a lot of satisfaction about what has been written in Techdirt since his lawsuit appeared. I don’t think he’e angry at all, I think he’s getting a kick out of it. If you look closely, Ithink it never really was his money anyway, and unlike Mike Masnick, he does not have jusitify the unpleasantness to his wife (repeatedly) (Trust me, wives question their husbands very closely about future forced poverty). I think he’s fine about it, really, he’s getting exactly what he wants, first emotional retribution, and then financial, with maybe a useful bit of political campaigning against the left as a bonus.
“Ass kicked” – you’re funny Ass kicking, and the foot is swinging in the other direction.
Re: Re: Re: Re:
he does not have jusitify the unpleasantness to his wife (repeatedly)
Counterpoint: Masnick actually has a wife.
Fran Drescher dumping your sorry ass really struck a nerve, didn’t it?
Re: Re: Re:2 Re:
What do you think the odds are that Mike’s wife has suggested they divorce as a strategy to protect their assets, that is, to keep them out of Shiva’s hands?
And what do you think the odds are that if she is free of Mike, with their assets in her own name, he would ever see either again?
Just asking. 🙂
Re: Re: Re:3 Re:
I think odds are not everyone is as vindictive, venomous and vicious like you.
Re: Re: Re:4 Re:
Of course not, that would be terrible. I am a unique snowflake, there is only one in my shape and form and glittering splendor.
By that I mean that I am somewhere in the middle of the vindictive, venomous and vicious scale. Maybe a little higher on the effective writer scale.
Look around this forum, you will find better and worse, mostly worse, but less effective.
And you did invite me here, right?
Re: Re: Re:5
We invited Shiva Ayyadurai to come here and prove his claims using facts and evidence with proper citations. Unless you are now admitting to being Shiva Ayyadurai, we did not invite you here.
Re: Re: Re:6 Re:
You want an admission, ok I admit it. I am Tucker S. Carlson, and my family Buckley, Patricia, Richard and Susan write here for our family entertainment. Usually my kids are writing but the Federalist Paper ideas came Buckley (you know who he’s named after). Come to my show you are all invited, really. Any of you that would be willing to share a segment with Shiva and face him directly, mama – a – mama (is that right? (Chuckle)) are welcome any time. Really. In the run-up to the November election with Pocahontas we would be delighted for you to explain your case in front of a national audience. We might even pay for it (chuckle (guffaw)).
Re: Re: Re:7 Re:
https://www.biography.com/people/william-f-buckley-jr-9230494
Re: Re: Re:7
I accept this as an admission of both your identity as Shiva Ayyaduria and the mental health issues that would and should disqualify you from holding elected office.
Re: Re: Re: Re:
Re: Re: Re:2 Re:
I would defend those who are harassed by the rich without cause. I said nothing in defense of people who make a career out of shaming others and getting covertly paid to do it.
Let Mike defend his own choice of words to publicly describe others in court. Mike is getting his just desserts. I would like to see a lot of people take him to court, I think he deserves it for the shameful spectacle that he secretly sells as a service to the ruthless.
I am totally against public shaming, as I pointed out above. If it takes a court case to put an end to it, great. I hope it all comes out who actually pays for this garbage and they are held liable too. The whole thing disgusts me.
That being said, it really is a great place to vent. I always feel better after writing my opinion, even here. Thank you for that.
Re: Re: Re:3 Re:
Going by your logic, Shiva looks like he’s going to help Elizabeth Warren into the Senate.
Re: Re: Re:3 Re:
His just desserts are appetently wiping his ass with Shivas lying face.
Re: Re: Re:3 Re:
Maybe you didn’t notice, but Mike has defended his choice of words in court. He won.
Re: Re: Re: Re:
Crawl back under your rock Shiva. Your 15 minutes of fame are over. Please get some therapy.
Re: Re: Re: Re:
Those are some awful sour grapes there bud.
Re: A pig rolling in his own shit. Perfect description of yourself.
but the better route to victory against Aloha Poke Co. is almost certainly legal arguments over its trademark more generally.
While true, a) not everyone is, or can be, part of a trademark litigation, and b) like most anything else, the events have wider meaning outside your particular core focus, in this case some stupid business bullshit.
I only mention this, since this point returns to mention itself. It’s all pretty tautological anyway.
I don’t think they will back down
Cultural appropriation? Really? What does that mean anyway, in America?
We have one culture here, which embraces every ritual and historic nuance of every American. Americanism is the melting pot of diverse cultures, resulting in a single culture.
What the heck do you mean by cultural appropriation?
Re:
Quoting RationalWiki: “Cultural appropriation occurs when a dominant group adopts some practices or styles from a marginalized group’s culture and uses them outside of their original context, sometimes in a demeaning manner. The offensive nature of the phenomenon resides in the unequal power dynamic of the dominant sector vis-a-vis a weaker and oppressed one.”
One example (listed on that RW page) is how White Americans co-opted terms and imagery associated with Native American tribes for sports teams. A certain NFL team even uses a slur against Native Americans as its name.
Re: I don’t think they will back down
Cultural Appropriation here means denying people the use of their own culture by those not in it or of it — in this case with a trademark registration for a generic (to Hawaiians) term.
Re: I don’t think they will back down
Cultural appropriation, as opposed to the normal cultural intermingling that is considered both moral and the natural consequence of the intermingling of people from those cultures, is defined by the way the dominant culture will take culture, and then deny it to the culture it was taken from.
You can see it in the way American pop culture has had fads relating to Native American shamanism, while at the same time discouraging or in some cases outright banning Native American religious practices. We have taken the trappings of that culture, made it a thing for our entertainment, and then denied its value to the culture we took it from.
Music labels have a history of taking developing or developed musical styles popular with African Americans, and taking them mainstream with white musicians, and pushing out black musicians with their stranglehold on the media marketing engines.
Cultural appropriation in this case is about both this case, and historical issues with the American establishment and Hawaiian natives. Suffice to say, Hawaii did not entirely willingly enter the union. And the attempt by a Chicago native to trademark a phrase used in Hawaii and around the country (I know at least 1 locally owned restaurant going by that name in the Bay Area) to name eateries in the “Pacific Fish cooked in the pacific Islander style” is a bald attempt to take that language for themselves. “Aloha” is used in marketing often as a locale identifier to refer to Hawaii and the broader pacific islands like Bonjour might be used to identify a French-style of product or Bonzai to describe a Japanese style. Then you have ‘poke’ or the hawaiian word for fish. A dumb trademark clerk did not realize the super generic nature of such a trademark. If the trademark was Hawaiian Fish, rather than Aloha Poke, it never would have been granted. The fact is, by taking that name, Aloha Poke Co. has stolen the language of native Hawaiians, and begun to demand they not describe their food accurately using generic terms. They have appropriated the language for themselves, and denied it to those it came from.
Re: Re: I don’t think they will back down
Re: I don’t think they will back down
How is it living under that rock? Does it stay at a nominal temp year round? Are there many bugs crawling around, how about rodents … they can get mean.
You are Publicly Advocating RACISM
Your basis of critique is that a “Chicago chain that wasn’t founded by Hawaiians” has registered and is defending a trademark.
The obvious counter example would be a “Chicago chain that WAS founded by Hawaiians” registering and defending a trademark, which is FINE in your twisted lexicon of anti-American values. You are advocating the unequal application of the law based on race.
You are RACISTS (but we all knew that before)
Aloha, racists. You have no place in the USA. We do not discriminate on the basis of race, color or creed here. The law is the law, applicable to all but the Clintons. But we have a remedy even for them: “If you wait by the river long enough, you will see the bodies of your enemies float by”. (An old American saying)
Re: You are Publicly Advocating RACISM
Yes, it appears that left is continuing it’s war to destroy America, and doing it’s best to incite the passions of the disenfranchised to return to the very tribalism that Obama decried. It is typical for the left to label their opponents with the slurs that they deserve themselves, racism just being one, and this article being an obvious example.
Just own it, you left-wingers. Just proclaim loudly and proudly that you are racists, that you hate white people, that you want to destroy the unity that Americans enjoy, to divide them and turn each subsection of America against each other. Own it. Support your public rioting, burning, censorship and hatred, explain to your constituents the truth – that you are lawless and shameless and willing to do anything to return to power, even burning down the entire country just out of spite and frustration.
Why not just leave the country before you are imprisoned. It was save the rest of us a lot of money. Oh wait, most of you are already foreigners, right?
Re: Re: You are Publicly Advocating RACISM
Cafe full Gamilton you’re projecting dangerously hard. Any harder and big papi drumpf is gonna file a copyright infringement on yo ass.
Re: Re: Re: You are Publicly Advocating RACISM
I believe Sun Tzu would forgive me for appropriating his long standing wisdom and applying to the Clintons, a formidable enemy (by demonstration). He’s been dead long enough to leave me free of copyright claims, I believe. I was rather hopeful that the literate among the left might correct me, but alas, they are few and far between.
Re: Re: Re:2 You are Publicly Advocating RACISM
If you’re gonna quote Sun Tzu, then quote Sun Tzu. You didn’t. You appropriated nothing.
I have been reading Sun Tzu for more than 40 years. Do I understand it yet? No. And neither does anybody else. It is too deep. One can take things from his writings, but to actually understand is something else again. Military strategists, and business strategists (the reason I started to study him) are all over the place with interpretation. None of them have the whole. No one ever will. That is not to say that trying is bad. You haven’t, or so it appears.
To know someone from their writings is to know something of them. Which is different than knowing them. I get that this will be over your head. You will presume to know me, from my writings. You will be wrong.
Re: Re: Re:2 Sun Tzu told me to give you this.
You are a failed inventor who seeks to curry favour with the very people who would stomp the boot on the back of your neck without a second thought. You’re a first generation “American” who holds some bizarre Ranydian distopia as your ideal, despite it being literally impossible to achieve in reality. You have a deep imagined history spread it through several generation that prove you’re a “Real Murican” despite the fact that your back is as wet as anyone else who didn’t walk across the Bearing Sea. You’re single, divorced, racist, sexist, fascist, and last but not least misogynist. Probably an anti-Semite as well because that’s the free bingo space for cunts like you.
Re: Re: Re:3
Hey, that is not cool! Shiva lacks the depth and inner warmth necessary to deserve being compared to a vagina.
Re: Re: Re:4 Re:
Sorry the culturally appropriate term is “buttplug”.
Re: Re: Re:3 Sun Tzu told me to give you this.
Unless we are willing to give back the geographic entity currently known as The America’s to those who can ‘prove’ their ancestors walked across the Bearing Strait, before it was actually a strait, and give all the infrastructure that has been developed over the centuries of ‘outsider’ inhabitance, then this is a null discussion.
Did the outsiders screw up…yes. Should more be done to rectify those screw ups? Possibly. Should we deny the last several centuries of development and just turn it over to, what is probably a very small minority of the populations in the various countries that exist in North, South, and Central America? No. But something more should be done, and not just in the USofA. List sensible ideas here:
Well, even if we try, there are forces that just won’t allow that, and I don’t mean the various government military’s (though they certainly won’t like it), I mean para-military’s and cartels of various stripes. For whatever reason things have gone too far to just ‘give it back’, and we have sufficient other problems than to make this the first priority. Should it be a priority? Yes, just not the first.
Fixing political systems in the various countries of the America’s would seem to be first.
Re: Re: Re:4 Sun Tzu told me to give you this.
I like your Sun Tzu reference, though I don’t think I quite follow it. What are you advocating? Race based government? A government based on genetics and not ideas? Ownership based on ancestoral lineage rather than effort and achievement? Really?
Re: Re: Re:5 Sun Tzu told me to give you this.
See, you don’t know me.
Re: Re: Re:6 Sun Tzu told me to give you this.
Well, I am not a mind-reader.
Re: Re: Re:7 Sun Tzu told me to give you this.
Yet you constantly project yourself as one, and are consistently wrong.
I don’t expect you will stop, but understand, you will be consistently denigrated and/or constantly ignored.
Live in the bed you make. You made it.
Re: Re: Re:8 Sun Tzu told me to give you this.
Ok, that’s fair in a debate, as long as you make the rules clear. You are needlessly repetitious (your name, for example). Are you dim witted and need to hear things twice before you catch their meaning, is that why you chose that particular name?
Re: Re: Re:9 Sun Tzu told me to give you this.
Nah, just to differentiate myself from other Anonymous Cowards, and the account is because I don’t want others to imitate me (my username cannot be misused by others, like you have done), and I want to support the things Techdirt does, whether I agree with them or not. Something you refrain from doing. Now why might that be?
BTW, we are done. I don’t usually respond to your posts, feeding the troll is antithetical to coherent discussion. I tend to not feed. You tend to use any excuse to denigrate, which is useless as no one believes you. At least no one here.
Re: Re: Re:10 Sun Tzu told me to give you this.
“I don’t expect you will stop, but understand, you will be consistently denigrated and/or constantly ignored.”
Your rules, right? I was trying to abide by your rules.
Re: Re: Re:11 Sun Tzu told me to give you this.
Your rules are lie and commit are they not?
Re: Re: Re:4 Sun Tzu told me to give you this.
“Fixing political systems in the various countries of the America’s”
Why are we colonizing Central America?
Is it because we want all those refugees at our border?
Is it because a political party wanted more talking points?
It used to be due to all the commies down there, what ever happened to all them anyways … did we kill them all?
Did all those dirty commies turn into terrorists? How does that work? Is it like the body snatchers movie?
Re: Re: Re:3 Sun Tzu told me to give you this.
Then he took two of every animal on Earth, and then he herded them onto a boat…
Re: Re: Re:4 Sun Tzu told me to give you this.
And for some reason, the dinosaurs were left behind … oh wait, no – they were not left behind – that’s right, because humans and dinos lived side by side.
Re: Re:
You seem upset. Have you tried listening to some calming white noise? I mean, other than those chants of “you will not replace us” from the Unite the Right crowd that you (probably) have running as background noise.
Re: Re: you hate white people
Ah, but can you prove your right to claim such victim status?
Re: Re: Re: you hate white people
I don’t believe I was claiming victim status, I was pointing out how the left casually accepts public hatred of people with white skin, as illustrated by the New York Times recent hire:
http://www.foxnews.com/entertainment/2018/08/02/new-york-times-stands-by-new-tech-writer-sarah-jeong-after-racist-tweets-surface.html
It was white people who founded the country, that’s true. Then we had Lincoln who enlisted Black people to help subdue the Confederacy, combined with a lot of legal and illegal immigration since then.
If we are a nation of laws and principles equally applied to different races, creeds and colors, then advocating the repression and punishment of white people is just as wrong as advocating the repression and punishment of brown, black or yellow people.
This is not victim status, it is common sense.
Re:
The actual basis of critique is that the Chicago-based restaurant chain is trying to trademark a name that is a generic term (aloha) paired with a product name (poke) that cannot be trademarked on its own. That the Chicago chain is trying to trademark bully people in Hawaii makes the Chicago chain’s case look worse.
The cultural appropriation issue would likely disappear; the underlying trademark issues would not.
If Techdirt was doing that, you might have had a point. The cultural appropriation issues, however, are cultural, not legal—although they definitely hurt the Chicago chain’s case, at least in the court of public opinion.
Tell that to the person currently in charge of the federal government, who was once found guilty of refusing to house Black tenants in his real estate properties.
Plenty of Americans discriminate against other Americans on those factors every day. The discriminating parties just know better than to make it obvious.
You might want to see a therapist about your violent impulses.
Re: Re: Re:
Come on Stephen, read the article.
“But none of that is to suggest that efforts to gin up anger over the appropriation side of this doesn’t have a place in getting Aloha Poke Co. to reverse course on its bullying. Public shaming does indeed work and it’s good to see that the company’s current strategy of waiting out the anger simply isn’t working.”
Public shaming based on RACISM is outrageous and un-American.
And FYI, waiting by the river is a non-violent activity.
Re: Re: Re:
Wait. The act of using non-violent protests as part of a public shaming operation meant to apply societal consequences upon racist acts is “outrageous” and “un-American”?
…well, you are not as wrong as you think, given the history of this country. I mean, Martin Luther King, Jr. advocated for non-violence to help bring about a world without racism, and a White guy still shot him in the fucking face.
Re: Re: Re:2 Re:
“If a faction consists of less than a majority, relief is supplied by the republican principle, which enables the majority to defeat its sinister views by regular vote. It may clog the administration, it may convulse the society; but it will be unable to execute and mask its violence under the forms of the Constitution.”
Stephen, this was written by James Madison more than 200 years ago. Prescient, no?
You may well convulse society with your promotion of unequal application of the law depending on race. Unconstitutional. You may clog the administration with disaffected and low-IQ congress people, like Maxine Waters. Stupid.
But you are unable to mask your violence under the form of the Constitution. You are advocating racism and anarchy in a shameless attempt to gain illegitimate power. The electorate has spoken, forcefully.
This is America, we have a Constitution, and we defend it with our lives.
No kidding.
Re: Re: Re:3
By all means, defend America with your life.
I insist.
Re: Re: Re:4 Re:
Your insistence has no bearing on how real Americans have defended the Constitution for centuries with their treasure, their blood and yes, their lives. It’s called Patriotism. We admire that here in America.
The Constitution still stands, regardless of the ineffectual and pathetic attacks by passive critics like you and your obviously racist Techdirt cohorts. Twist and turn as you will. It’s rather fun to watch as each of your ill-conceived arguments turn on you, for example, the obvious racism promoted in this article while you simultaneously label others racist.
Re: Re: Re:5 Re:
Keep projecting champ. I’m sure they will let yo brown ass into the Klan if you wash your hands hard enough.
Re: Re: Re:5
The column makes the argument that the Aloha Poke Co. trademark would better be attacked on the basis of legality rather than cultural appropriation. To wit:
The discussion of cultural appropriation is in relation to the public shaming of Aloha Poke Co. and how said shaming might play a role in getting the company to back off its trademark claim. Regardless of how you feel about those shaming tactics, American citizens have the right to use their voice for speaking out against what they feel is an injustice. After all, the right to speek freely is protected by the First Amendment of the United States Constitution.
Re: Re: Re:6 OH SNAP!
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Yes, speaking is great, we all appreciate it. When you make it obvious that in the absence of a legal argument you are using a shame based racist argument, it helps all reasonable readers understand how ridiculous and unconstitutional your stance is. Please speak more. We are all the better for it.
Re: Re: Re:7 Re:
Those grapes… soooo sour.
Re: Re: Re:7
Since you have no interest in having a good faith discussion on the merits of the article and its central points, Shiva, I no longer have any interest in humoring you. Please go fuck a sex doll of your ex-wife.
Re: Re: Re:8 Re:
You see? You have proven the point of the value of the First Amendment beyond any doubt. Any reasonable reader can read your comments in context and understand how legitimate your argument is.
It all boils down to your “sex doll” argument, right? That’s what you were trying to say all along, masked and cloaked at first, but now finally revealed (by you personally).
First Amendment In Action! Yay!
Re: Re: Re:9 Re:
“You see” you have proven my point by proving I am a totalshitcunt! “You see you have fallen into my trap by making me out to be the lying fraud that I am!”
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The only one threatening violence over here is you, fat boy.
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Public shaming based on RACISM is outrageous and un-American.
FYI, this was the entire basis of Shiva’s political bid. To insist that his opponent was "not a real Indian", because obsessing over that is obviously the sort of critical criteria that befits someone running for the Senate.
Put another way, Hamilton, you just called Shiva Ayyadurai, in your own terms, un-American.
Game, set and match.
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I thought he was calling her a liar who falsely claimed membership to a race that she had no genetic relationship to in order to secure an un-deserved and well paid position.
Re: Re: Re:3 Re:
You done fucked up again homeboy
Re: Re: Re:2
Also, there’s this: http://www.indiawest.com/news/global_indian/shiva-ayyadurai-drops-lawsuit-against-cambridge-over-campaign-bus-slogan/article_38ae03f0-5acc-11e8-9e9f-4fdd51695292.html
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How many times you gonna fuck up in a row?
ALOHA is NOT for sale! ALOHA is for ALL!
The issues are not Aloha Poke Co in Chicago’s use of Aloha Poke in their company name, using Native Hawaiian language, selling poke (pronounced po-kay), not being Native Hawaiian, or not even being from Hawaii. Others from all over the world (from Australia, New Zealand, Singapore, South Korea, Germany, Poland, Spain, Israel, Brazil, Chile, Austria, England, Washington, California, Nevada, New York, etc.) use “Aloha Poke” in their company name, sell poke (their version of it), most are not Native Hawaiian, and most of them are not from Hawaii. Native Hawaiians have shared their culture all over the world.
The issues are that they (Aloha Poke Co in Chicago) trademarked 2 commonly used Hawaiian words that were already in use before they (Aloha Poke Co in Chicago) even existed, then to send cease and desist letters to other companies (in Alaska, Washington, Texas, Hawaii, and other places) some of which had the name Aloha Poke in their business name before this company did. And to top that, to demand that these companies stop using “ALOHA” in any of their materials (business name, logo, business cards, photographs, social media accounts, emails, bochures, menus, etc.). So, for example, these companies wouldn’t be able to say/post/advertise, “Poke served with Aloha”, “Serving Poke with Aloha”. “Service with Aloha”, “Aloha Served Here”, or “Aloha ………..” in any part of their business material without the possibly of being sued by this Aloha Poke Co in Chicago. Their cease and desist letters basically states that they can take legal action against ANY poke (a Hawaiian raw fish dish) company (even if they didn’t have Aloha Poke in their business name), for using “Aloha” in any of their business materials. Also, by sending their cease and desist letters and telling these other poke companies that by using “Aloha” you are infringing on our trademark, they are saying that they have trademarked “Aloha” even if they haven’t legally done so. When Tasha Kahele, the owner of Lei’s Poke Stop (formerly Aloha Poke Stop) in Anchorage Alaska called the law firm that sent out the cease and desist letters, telling them that she was Native Hawaiian and that “Aloha” has a deep cultural meaning to Hawaiians, asking them if they knew the meaning of “Aloha”, she was told by them that IT WAS IRRELEVANT and that THEY OWNED IT, “ALOHA” and that they are going to go after anyone that uses it, “ALOHA”. That sounds like they are telling these other poke companies that they did indeed trademark “ALOHA” and that they own it. Of course, they didn’t have the right to do that because the trademark didn’t give them that right, but they are bullying / itimidating these much smaller businesses to change their name (remove “Aloha Poke”) and stop using “ALOHA” in any of their business materials (signage, menu, bochures, etc.) They are telling Native Hawaiians that own poke companies that they cannot use their own language in their business. It’s like Hola Taco Co telling Mexican owned restaurants that sells tacos, they can’t use the word “HOLA” in any of their business materials (menu, bochures, signage, logos, etc.) It’s also like Welcome Burgers Company sending cease and desist letters to other burger restaurants demanding that they cease using “Welcome” in any of their business name, logos, signage, social media sites, etc., and threatening legal action against those companies for doing so. That is what their cease and desist letters are saying. Many of these smaller (family owned, Native Hawaiian owned) businesses do not have the finances to lawyer up and fight this in the courts, which they have threatened to do. Some have already rebranded (such as the one in Alaska) at great financial difficulty to themselves. This is a David vs Goliath situation. They should have never been given approval to trademark 2 commonly used Hawaiian words, “Aloha” and “Poke” by themselves or together. They neither created the brand (poke) nor the name, “Aloha Poke”. As mentioned, there were several companies already using the name “Aloha Poke” in their business name, bochure, social media accounts (facebook, instragram, twitter, etc.) before Aloha Poke Co in Chicago even existed. They probably knew this because when you search the internet you will find these other Aloha Poke companies that existed before them. They decided to SELFISHLY take advantage of this and trademark “Aloha Poke”, 2 commonly used Hawaiian words. Then to try and prevent other poke companies including Native Hawaiian owned from using their own language, “Aloha” in their business, that is not PONO (right). Aloha Poke Co in Chicago has no real understanding nor appreciation of ALOHA, of the cultural (Hawaiian), the food (poke) and language (Aloha Poke – Olelo Hawaii) from which they had taken from. That is the issue with the Native Hawaiian community, Hawaii’s people, and those that appreciate the Hawaiian cultural and food (poke). ALOHA is to be SHARED with ALL and not (so called) owned by 1 company (Aloha Poke Co in Chicago). Doing a Facebook search, you will find that there are over 40+ DIFFERENT poke restaurants (nationally, internationally, and in Hawaii) that have the name “Aloha Poke” or have “Aloha Poke as part of their name. I counted at least 4 or 5 “Aloha Poke” companies having the name before Aloha Poke Co in Chicago. Also, there are lots of poke / seafood restaurants that use “Aloha” in their business materials (signage, logo, menu, brochure, etc). Will Aloha Poke Co in Chicago eventually go after those other companies. The answer is probably most definitely YES. That is why we are fighting to take back “Aloha Poke” from Aloha Poke Co in Chicago by having them cancel that trademark or take legal action to have the trademark removed, through spreading the mo’olelo (story) of what this company is trying to do. Aloha Poke Co in Chicago has NO ALOHA. ALOHA is NOT for sale. ALOHA is for ALL.
In his (so called) apology statement, Mr Friedlander said that they were not preventing anyone from using “Aloha” (by itself) in their poke business, but that is exactly what they were trying to do. He also stated that all those companies that received the cease and desist letters complied, which wasn’t true as well.
As I mentioned to someone else, no one is being sued (as of yet) by Aloha Poke Co in Chicago as far as we can tell, but the threat of being sued have caused (so far) 2 poke (pronounced – po-kay) restaurants (1 in Alaska and 1 in Washington) to rebrand. 1 of the rebranding cost over $10,000. For small businesses (family owned, Native Hawaiian owned) that’s alot of money that have caused some financial difficulties. These poke restaurants felt that they had no other choice but to take the least expensive route to rebrand (change their name, signage, business cards, website, facebook account, logo, etc.) then to fight this in the courts where it could cost them into the multiple of 10s of thousands of dollars (maybe $50,000, maybe $75,000, or maybe $100,000+ , ??????). The petitions (close to 175,000 people (so far) have signed the petition), the protest and marches are to bring awareness to the greater community, the good people of Chicago and the world at large of what Aloha Poke Co in Chicago is doing, to give them an opportunity to make a real apology, to cancel their trademark on Aloha Poke and take back (if you will) “Aloha Poke” from Aloha Poke Co in Chicago because they have NO ALOHA. As I mentioned earlier, There were already 4 or 5 poke restaurants already using “Aloha Poke” in their business name before Aloha Poke Co in Chicago even existed. Now there are over 40+ different poke restaurants worldwide that uses “Aloha Poke” in their business name. So, they never created the name “Aloha Poke” They just took what was not theirs, trademarked it, and tried to make it their own. As mentioned, the Native Hawaiians had no problem with them (before this) using the name “Aloha Poke”, using their Native Hawaiian language, selling poke, not being Native Hawaiian, or not being from Hawaii. The issue arose with their cease and desist letters that were sent out demanding that these other poke companies remove “Aloha Poke” from their business names. The bigger issue is that they were demanding that these poke companies (including Native Hawaiian owned) remove “ALOHA” from all their business materials. To a Native Hawaiian that is HEWA (wrong/offensive). To Native Hawaiians, ALOHA is not just a word, it’s a way of live, it’s their Cultural, It’s in their Hula (Hawaiian Dance), it’s in their music, it’s basically their breath of life. To have someone (a company like Aloha Poke Co in Chicago) tell Native Hawaiians to remove “ALOHA” (their breath of life) from their business is not PONO (right). If the Aloha Poke Co in Chicago does not comply amicably, then the next step will be legal action with the help of Native Hawaiian organizations (in Hawaii and Nationally), other poke businesses, and other organizations and peoples willing to assist. Mahalo Nui Loa (Thank you very much) to those that have been listening and becoming aware of what have been going on with this issue.
A company cannot survive on bad publicity for long without it affecting their bottom line. We will never reach everyone or bring everyone over to our side. That will never be, but by bringing awareness to what Aloha Poke Co in Chicago is doing, I’m sure we have reached a lot of people who would have gone to Aloha Poke Co in Chicago and their other locations before this, but have now decided not to go. Our intention is to spread the mo’olelo (story) and hope others will truly understand what is going on and stand with Native Hawaiians, Hawaii’s people, and those that appreciate the Hawaiian Culture and Poke (Native Hawaiian raw fish dish). ALOHA is NOT for sale, ALOHA is for ALL. Mahalo Nui Loa (Thank you very much) for the good people of Chicago, others throughout the mainland United States, and people of the world for standing with Native Hawaiians and letting Aloha Poke Co in Chicago know that they cannot do what they say they haven’t but have through their cease and desist letters. ALOHA
Re: ALOHA is NOT for sale! ALOHA is for ALL!
You are an expressive author and your stance is clear and easy to understand. Not being an attorney, I do not know how it relates to the law.
I would agree with you that the ethnicity of those with whom you disagree has no place in this discussion. If this same issue was limited to a dispute within the territorial limits of Hawaii, governed by Hawaiian law, and between native born Hawaiians, the argument would be the same.
Good luck with your efforts.
Re: ALOHA is NOT for sale! ALOHA is for ALL!
Passionate and righteousness, but damn it’s hard to read it all! (it needs condensation)
Do set a fire under US PTO for granting a trademark that it should not have!