Aubry and Kale Walch run a vegan specialty food shop, called The Herbivorous Butcher in Northeast Minneapolis. In 2017 they applied to trademark the term "Vegan Butcher" with the U.S. Patent and Trademark Office. Their application was denied, reports Business Journal. The USPTO told the Walches that the term was ineligible for a trademark because it was "merely descriptive." But when Nestlé later applied to trademark the same term, the USPTO granted it to them.

The Walches are challenging the decision. According to Business Journal, they "say they're trying to either get to keep using the phrase or to keep it in the public domain so that any business can use it. The case is entering the discovery phase and will go before an administrative panel next."

Image: The Herbivorous Butcher website