Brand perception

by David Klemt David Klemt No Comments

What’s Going on with Chili Crisp?

What’s Going on with Chili Crisp?

by David Klemt

A street-art-style image of a jar of chili crisp versus a jar of chili crunch

I’m not convinced that AI platforms know much about chili crisp or human hands.

UPDATE (April 15, 2024): David Chang has reportedly stated that Momofuku will no longer enforce the “Chile Crunch” trademark. He made the statement on his The Dave Chang Show podcast.

A legal battle over a chili crisp trademark is spilling into the public arena, and people are taking sides and making their feelings known on social media.

More specifically, Momofuku appears to be defending its “Chile Crunch” and “Chili Crunch” trademarks vigorously. To say some people aren’t exactly fans of this legal news is an understatement.

To provide context for the unfamiliar, Momofuku is a restaurant group first established in 2004 by David Chang. By 2019, the group had expanded, opening 20 venues. In 2020, Momofuku Goods began selling some of its culinary products in the retail space.

Among the products carrying the Momofuku name and peach logo is Chili Crunch. This is the brand’s version of chili crisp, a condiment consisting of oil, fried chili pepper, and other elements, such as garlic and onion (and other peppers).

From what I can find, it’s widely accepted that chili crisp originated in China, and has been around for centuries. How many centuries? I have no idea.

However, I can say with certainty that Momofuku has owned the “chile crunch” trademark since 2023. And I know that Momofuku acquired the rights to that trademark from Chile Colonial, LLC. That acquisition was part of a settlement.

Interestingly, Chile Colonial took action against Momofuku last year for trademark infringement for using the product name Chile Crunch. The former had been selling its Chile Crunch since 2008, and registered the trademark in 2015.

Now, it’s Momofuku, who apparently licenses the trademark to others, taking action to defend the trademark. Toward the end of last month, the company applied to trademark “chili crunch.”

Cease and Desist

As several outlets have reported, a number of chili crisp producers have received cease-and-desist letters.

Eater has reported that one producer, Homiah, received such a letter after they renamed their Crispy Sambal product to Sambal Chili Crunch.

The letter reads, in part, “Momofuku trusts that Homiah did not adopt the CHILI CRUNCH mark in bad faith or with an intent to create confusion. But because trademark law requires brand owners to police use of their trademarks—and because Momofuku is concerned that consumers may actually be confused here—we write to request Homiah’s cooperation.”

One element of the requested cooperation is that Homiah stop using the name Sambal Chili Crunch within 90 days.

It seems that it hasn’t taken long for these legal requests to find their way to the public at large. And, yes, sides have been taken.

Sifting through the comments on Eater’s Instagram post about this situation paints a vivid, albeit not entirely unexpected, picture.

 

View this post on Instagram

 

A post shared by Eater (@eater)

This is a great way to ensure that I’ll never buy Chang’s version,” reads one comment.

If no one owns RANCH, no one should own this,” says another Instagram user.

No, this is absurd. Heinz didn’t trademark ketchup, they trademarked Heinz, this is so ridiculous. He can trademark momofuko and the peach logo. But this is so stupid,” is a comment with nearly 400 likes.

Finally, there’s this simple statement: “You can’t trademark culture.”

Los Angeles Times columnist Jenn Harris would agree with that last comment. Addressing Momofuku’s legal actions, she writes, “I reject the notion that someone could exclusively own something so ingrained in my culture, a food I consider an intrinsic part of my identity.” You can, and should, read her column here.

Must Defend

There’s more at play here when it comes to trademarks.

Speaking in incredibly general termsand without providing any legal adviceonce a trademark has been granted, the owner must defend it. Failing to do so, which includes filing variations and taking action against others, can result in the loss of the rights associated with the trademark.

So, on one finger on one hand, Momofuku must defend “chile crunch” and, if granted, “chili crunch,” if the company wants to retain their trademark rights. On another, does the blame lie with the United States Patent and Trademark Office (USPTO) for granting the trademark in the first place?

Going deeper, should Momofuku have negotiated different settlement terms that wouldn’t preclude others from calling their chili crisp products Chile Crunch? I’m not remotely qualified to speak on the legal dispute between Chile Colonial, LLC, and Momofuku, so I can’t even begin to form an opinion. If the settlement was “pricey,” I understand Momofuku being sensitive about other products potentially cutting into their sales.

Per reporting, Susan Hojel, the owner of Chile Colonial, has said she was “going broke” defending the Chile Crunch trademark. Many of the cease-and-desist letters were going to large companies. In that sense, Hojel saw herself in the role of David, going after corporate Goliaths.

Now, however, the public views David Chang and Momofuku as Goliath, attempting to crush noble Davids. Therefore, I have to wonder if the real issue is public perception, not legality. After all, I’ve seen the label “trademark bully” affixed not to just Momofuku but Chang as well.

Worth It?

I don’t know what the answer is for the questions swirling around this legal fight. All I can do is wonder if defending this trademark is worth the backlash.

At the moment, we’re seeing comments expressing disappointment and disdain. What happens if those comments manifest in damaged brand perception?

Put another way, there’s defending your brand…and there’s defending your brand.

Image: Shutterstock. Disclaimer: This image was generated by an Artificial Intelligence (AI) system.

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by David Klemt David Klemt No Comments

Brand Love: BrandVue’s 2023 Rankings

Brand Love: BrandVue’s 2023 Rankings

by David Klemt

Black and white image of a winners' podium under a spotlight

As we near the end of the year, Savanta has revealed their BrandVue’s Most Loved Eating Out Brands 2023 report, ranking 100 restaurant brands in America.

The B2B and B2C market consultancy has been publishing this report since 2019. Their fifth-annual report includes 16 categories, including ranking consumer opinion of third-party delivery services.

As a category, Burger boasts the greatest presence with 17 loved restaurant brands. In second is Italian or Pizza with 13 brands. With ten brands, Specialty comes in third as a category. Tied for fourth are Mexican and Chicken, featuring eight brands each.

Download the full report here.

Top Restaurant in Each Category

Below you’ll find the gold medalist in each category, in alphabetical order by restaurant type.

  • Asian: Panda Express
  • Burger: McDonald’s
  • Café or Bakery: Starbucks
  • Chicken: Chick-fil-A
  • Family Style: Cracker Barrel Old Country Store
  • Frozen Dessert: Cold Stone Creamery
  • Italian or Pizza: Olive Garden
  • Mexican: Taco Bell
  • Sandwich: Subway
  • Seafood: Red Lobster
  • Specialty: Krispy Kreme
  • Steak: Texas Roadhouse
  • Varied Menu: The Cheesecake Factory

Other Categories

There are a handful of other categories on the BrandVue list. Namely, Delivery, Sports Bar, and Meal-kit.

I’ve separated Delivery in particular because it doesn’t represent brick-and-mortar brands. Rather, these are third-party services.

For this year’s list, Savanta ranks five delivery services. Below, the top three:

  1. Caviar
  2. DoorDash
  3. UberEats

However, it’s important to note that DoorDash bought their one-time rival Caviar back in 2019. So, it’s really as though DoorDash claims two spots among the top three.

Of course, UberEats owns Postmates, which is among the five Delivery brands on this list. So is Seamless, owned by Grubhub. However, Grubhub itself doesn’t appear on this list.

The other two categories, Sports Bar and Meal-kit, count just one brand each among them: Buffalo Wild Wings and Plated, respectively.

Top 26 Restaurant Brands

Below, the top quarter of the 2023 BrandVue list. As you’ll see, the gold medalists among the top 25 are in bold.

Why did I decide to show the top 26 rather than the top 25? My reasoning is simple: one of the top 25 is a delivery service, not a brick-and-mortar restaurant.

  1. Domino’s (Italian or Pizza)
  2. Red Lobster (Seafood)
  3. Cold Stone Creamery (Frozen Dessert)
  4. Culver’s (Burger)
  5. Caviar (Delivery)
  6. Cinnabon (Specialty)
  7. Braum’s (Burger)
  8. Auntie Anne’s (Specialty)
  9. Wingstop (Chicken)
  10. Popeyes (Chicken)
  11. Wendy’s (Burger)
  12. Pizza Ranch (Italian or Pizza)
  13. Pizza Hut (Italian or Pizza)
  14. KFC (Chicken)
  15. The Cheesecake Factory (Varied Menu)
  16. Subway (Sandwich)
  17. In-N-Out Burger (Burger)
  18. Dunkin’ Donuts (Café or Bakery)
  19. Taco Bell (Mexican)
  20. Raising Cane’s (Chicken)
  21. Olive Garden (Italian or Pizza)
  22. Krispy Kreme (Specialty)
  23. Texas Roadhouse (Steak)
  24. McDonald’s (Burger)
  25. Starbucks (Café or Bakery)
  26. Chick-fil-A (Chicken)

Unsurprisingly, the top six spots go to gold medalists. In total, gold medalists claim seven slots amongst the top ten. Twelve of the top performers out of all 16 categories are in the top 25.

Interestingly, the list also puts America’s love for burgers, chicken, and pizza on full display. Of the top 25 most-beloved restaurant brands, five fall into the Burger category, and five fall into Chicken. Four slots belong to the Italian or Pizza category.

Notably, there are no Asian or Family Style restaurants among the top 26. However, I expect more Asian and Mexican restaurants to earn places in the top quarter over the next few years.

To see the full list of the 100 most-beloved restaurant (and delivery) brands in the US, click here.

Image: Joshua Golde on Unsplash

KRG Hospitality. Restaurant Business Plan. Feasibility Study. Concept. Branding. Consultant. Start-Up.

by David Klemt David Klemt No Comments

Canada’s Restaurant Labor by the Numbers

Canada’s Restaurant Labor by the Numbers

by David Klemt

Chef inside commercial kitchen

While there are positive signs for Canada’s foodservice industry, recruiting and retaining labor continues to be a challenge.

Unfortunately, this isn’t a challenge unique to Canada. Operators throughout North America and indeed across the globe are facing labor shortages.

Restaurants Canada addresses this topic in their 2022 Foodservice Facts report. The non-profit research and advocacy group predicts sales will reach pre-pandemic levels by Q4 of this year.

However, restaurants, bars, and nightclubs may have to achieve traffic and revenue growth despite a significant labor deficit.

Please click here to access the 2022 Foodservice Facts report yourself.

Labor Shortage by Category

In their latest report, Restaurants Canada crunches the numbers for three distinct venue categories. These are quick-serve restaurants, full-service restaurants, and bars and nightclubs.

The organization finds that QSRs and FSRs are facing the greatest shortages. In fact, in response to a survey from May of this year, at least half of QSRs and FSRs aren’t operating with fulls staffs.

For QSRs, 52 percent of respondents say they perceive restaurants and bars they’ve visited to be understaffed. A bit over a third (36 percent) think staffing is “about right.” Unhelpfully, 12 percent “don’t know” if restaurants and bars have enough staff.

So, let’s switch gears to FSRs. Precisely half of survey respondends say restaurants and bars don’t have enough staff. Just like their QSR counterparts, 36 percent say that staffing seems to be at the ideal level. Fourteen percent respond that they “don’t know,” which doesn’t tell us much.

Per Canadians who responded to Restaurants Canada’s survey, bars and nightclubs are fairing better…at first. Frustratingly, a staggering 37 percent of respondents “don’t know” if bars or nightclubs have appropriate levels of staffing. Thirty-two percent think they’re understaffed, 31 percent think staffing levels are “about right.”

Industry professionals are probably already putting two and two together here. As long as guests receive the level of service they expect, from greeting to speed of service, to closing out their check, they think things are fine. If they’re made to wait longer than they want, they’ll likely say a restaurant, bar or nightclub doesn’t have enough people on shift.

Labor Shortage by Role

Okay, so the May 2022 Restaurants Canada wasn’t entirely helpful. It still provides interesting insight. That is, we know how guests perceive staffing in at least most instances.

So, let’s get down to hard numbers: shortages in specific roles throughout the industry.

Here, Restaurants Canada provides compelling information, even if it’s not what we want to see. In comparison to 2019, every role is down by thousands of people. In some cases, tens of thousands.

Below you’ll find the deficits by role:

  • Foodservice supervisors: -3,100
  • Chefs: -10,900
  • Bartenders: -17,600
  • Maîtres d’hôtel and hosts/hostesses: -21,100
  • Restaurant and foodservice managers: -22,400
  • Food counter attendants, kitchen helpers, and related support occupations: -43,200
  • Cooks: -44,400
  • F&B servers: -89,500
  • Other: -18,800

Add that up and that’s a shortage of 271,000 people throughout Canada’s foodservice industry. For further context, the industry boasted 1,265,700 workers. In 2021, the industry was down to 994,700.

Unfortunately, from 2020 to 2021, just 4,100 jobs were recovered, according to Restaurants Canada. This situation clearly shows that operators need to change their approach to staffing.

Now, more than ever, operators must focus on effective recruitment, onboarding, and retention. For tips on making improvements, click here. To learn how to implement employee surveys to boost retention and avoid costly turnover, click here.

Image: Brian Tromp on Unsplash

by David Klemt David Klemt No Comments

Leadership Facepalm, Part Two

Leadership Facepalm, Part Two

by David Klemt

Airplane email icon set against white brick wall

In a stunning example of tone-deafness and callousness, a franchisee executive sent an email that led to severe consequences.

And no, I’m not talking about the termination of the offending exec. That, in my opinion, was well deserved.

In this instance, the email has led to mass resignations and damage to a global restaurant chain’s reputation. What’s more, the negative impact to the brand’s reputation comes from consumers and employees.

Of course, I’m talking about the now-infamous Applebee’s “gas prices” email.

The Email: Labor

Let’s just jump right into the email, because…wow.

“Most of our employee base and potential employee base lives paycheck to paycheck,” writes the executive. “Any increase gas prices cuts into their disposable income.”

This could have been an excellent example of awareness and perhaps even empathy. In the context of this email, it’s appalling.

Why? Mainly because this executive appears to be celebrating the fact that Applebee’s employees, at least those who work for this franchisee, are barely earning a living wage.

“As inflation continues to climb and gas prices continue to go up, that means more hours employees will need to work to maintain their current level of living,” continues the author.

In this exec’s view, this franchisee is “no longer competing with the government when it comes to hiring.” He cites stimulus payments and boosted unemployment support have run out. Therefore, he reasons that people will be forced to return to the workforce.

The author further points to competitors increasing wages to recruit and retain employees. This, he figures, is untenable and some will have to close their doors. So, the labor pool will fill up and this franchisee will benefit.

The Email: Wages

Some of what I’ve laid out above is accurate. According to some estimates, about two-thirds of Americans live paycheck to paycheck.

Additionally, it’s accurate to state that some employees will seek more hours to combat the effects of rising costs. Further, yes, the labor market is turbulent and challenging.

And, unfortunately, some independent operators are facing incredibly difficult decisions. To recruit and retain, they’ll need to be competitive and raise their wages. To pay for that, they’ll need to raise prices, passing on rising costs to customers. In some instances, for some operators, that will prove unsustainable.

However, an executive in this industry shouldn’t be delighted about any of this. And they certainly shouldn’t see it as an opportunity to potentially pay employees even less.

You see, the author of this email suggests that the franchisee can bring in new workers “at a lower wage to decrease our labor (when able).”

He then recommends monitoring employee morale to ensure that the Applebee’s operated by this franchisee is their “employer of choice.”

For me, however, the most eyeroll-inducing line is this: “Most importantly, have the culture and environment that will attract people.”

Images of printouts of the email reveal that at least a handful of recipients agreed. “Great message Sir! [sic]” reads one response. Another paints the email as “Words of wisdom.”

Clearly, the culture and environment are unhealthy.

The Consequences

Before I proceed, know this: I’m not going to name the author. It’s not remotely difficult to find the author’s name if you feel the need.

However, I will name the franchisee that finally fired him. American Franchise Capital reportedly owns more than 120 Applebee’s and Taco Bell locations in nine states.

So, to be clear, this executive didn’t work for Applebee’s directly. In fact, Applebee’s has disavowed the former executive and the email.

In the interest of clarity, it’s possible the author worked for Apple Central LLC, owned by American Franchise Capital.

As far as fallout, it was swift. According to reports, consequences were realized immediately. A Kansas franchise manager was shown the emails, printed them out for staff to discover, and comped the meals of everyone at the location. Then, he quit and the staff walked out.

Per reporting, four other Applebee’s managers quit, as did several employees. The location remained closed for at least the following day.

If reports are accurate, Applebee’s lost five managers, nearly a dozen employees, and sales from a location for at least two days. That’s just the localized fallout.

Applebee’s, of course, is distancing the company from the former executive. However, that’s not going to stanch the reputational bleeding and turnover.

As we know, a significant percentage of consumers want to know their dollars and support are going to companies that align with their values. The same is true of employees; they want to work for companies with values they can get behind.

A Final Thought

This now-infamous email was sent March 9. Just two weeks later, it was circulated and went viral. The author, gleeful about being able to hire employees “at a lower wage,” was fired before the end of March.

I’ve seen several takes on this situation, and I’ve read some accompanying leadership advice. One in particular caught my attention.

Unfortunately, it’s not because I thought it was great advice: Be cautious about what you send via blast emails.

I’m not saying one shouldn’t be careful about what they send out in emails—that’s good advice. However, that’s not the lesson I’ve learned from this situation.

Personally, I see this as a lesson in emotional intelligence, relationship intelligence, brand culture, and work environment.

At least two companies, one with annual sales in the billions of dollars, another in the hundreds of millions, have had their reputations tarnished. The fault may not lie with Applebee’s but they’ll be dealing with the consequences regardless.

If an operator is going to learn anything about being cautious, it’s this: Be cautious when hiring those in leadership positions. Be cautious about those with whom you enter into partnerships. And be careful about how you view those who work for you.

If you aren’t seeing those who choose to work for you as people worthy of your respect, as human beings, your brand’s culture is poisoned.

Image: Daria Nepriakhina on Unsplash

by David Klemt David Klemt No Comments

A Lesson in Guest Perception

A Lesson in Guest Perception

by David Klemt

Broadway-style McDonald's sign in Chicago, Illinois

At this point, it’s becoming more of a surprise to not be told that the ice cream machine isn’t working at a McDonald’s restaurant.

Per a report from earlier this year, 25 percent of their machines are broken at any time. In fact, the brand made a joke about it in 2020.

Interestingly, with all the road trips and flights I’ve taken, I had never encountered a nonfunctional ice cream at a McDonald’s. Until last week.

Feeling nostalgic, I drove to a McDonald’s near my home for a Shamrock Shake. Growing up, my father always enjoyed the Shamrock Shake LTO. I’ve had maybe one or two in my entire life.

So, I drove over, got in line, and confidently asked for a Shamrock Shake and a Mint Oreo Shamrock McFlurry. And then I heard the words I’d never heard before:

“I’m so sorry, our machine isn’t working.”

Devastated, I did what any well-adjusted adult would do: I ordered a double cheeseburger and a 10-piece Chicken McNuggets combo. Same thing as a shake and McFlurry, right?

Guest Perception

I won’t dive too far into the minutiae of the longstanding McDonald’s ice cream machine saga. By now, we’re all familiar:

  • These machines break so often there’s a website dedicated to the problem. McBroken shows people where ice cream machines are working and where they’re broken. (If only I had used that before my ill-fated visit…)
  • The machines reportedly take four hours per day to clean.
  • There are claims that Taylor, the manufacturer of the machines, makes 25 percent of their revenue from performing repairs.
  • Outlets have reported the FTC is investigating the situatithe machine’s manufacturer, Taylor.
  • The latest news is that Kytch is suing McDonald’s for $900 million.

I’m not a McDonald’s board member, nor am I a franchisee. So, I’m not privy to any discussions swirling around the ice cream machines in use currently.

However, I do find it surprising that a brand as massive as McDonald’s would allow this issue to continue. For a brand that claims nothing is more important than delivering a high-standard of quality food, this joke is no longer funny.

What’s more, the issue is an opening for their competitors.

Leave an Opening and a Competitor will Take it

Jack in the Box has roasted McDonald’s for their ice cream machines in the past. This month, however, they’ve amped up their trolling.

Now that the Shamrock Shake has returned, Jack in the Box has pounced.

It would’ve been enough for Jack to mock McDonald’s on Twitter during Shamrock Shake season. But nope—Jack is dragging McDonald’s even harder.

Head over to McBroken and you’ll see a huge banner that reads, “DON’T GET McSHAMMED.” You’ll notice that the map is now also populated with Jack in the Box locations.

Click the aforementioned banner and you’ll find yourself on the Jack in the Box website. More specifically, it’s a page promoting their mobile app.

Taking it further, there’s currently a promotion encouraging the download: using the code “McSHAMMED” scores the user a $2 shake.

Since we’re in Shamrock Shake season, Jack is offering their new Oreo Cookie Mint Shake. And yes, it’s green.

Innovation and Problem Solving are Crucial

Look, I’m in no position to tell McDonald’s how to run their business. If they’re comfortable with negative guest perception and experiences, that’s on them.

It’s also on them if they want to show their guests and competitors a failure to innovate, solve problems, and be agile.

The ice cream machine debacle should be a lesson for all operators. Leave an opening and your competition will take it, slamming it shut behind them.

At best, maybe you’ll be able to adapt and overcome. At worst, they’ll be social media and marketing savvy, and roast you publicly. Once a brand’s perception slips, it can be incredibly difficult to get it back to where it once was.

As an operator, you’re an entrepreneur. Entrepreneurs innovate and solve problems.

Image: Joshua Austin on Unsplash

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