Tuesday, July 31, 2018

The Opposite of Aloha

Outrage after Aloha Poke Co tells Hawaiians to stop using 'Aloha' in business names

Hawaii residents are calling out a Chicago-based poke chain after it tried to stop other US restaurants selling the trendy sushi bowls from using “Aloha” in their business names, accusing the company of cultural appropriation.

In May, lawyers for Aloha Poke Co, sent cease-and-desist letters to a native Hawaiian family business in Anchorage, Alaska, ordering it to stop using “Aloha” or “Aloha Poke” in its name, Aloha Poke Stop. Aloha Poke Co had done the same to other shops around the country, including at least one in Hawaii, where poke originated.

Over the weekend, the Anchorage business announced that it had been bullied into changing its name, setting off a firestorm in the Hawaiian community. The business has since been pummeled with bad Yelp reviews and messages on social media, accusing it of bullying native Hawaiians out of using their own language.

“Aloha” literally means both “face to face” and “breath of life,” according to Davianna Pōmaikaʻi McGregor, a Hawaii historian. It is a Native Hawaiian word used around the islands in place of “hello” and “goodbye”. But the word is also an important cultural concept for the islands’ culture, and its generally peaceful, kind and welcoming way of life.

Poke is a native Hawaiian food – and recent foodie fad off the islands – consisting of raw fish seasoned with spices and served over rice.

Aloha Poke Co has allegedly been targeting poke restaurants around the country that have similar names for the past two years, citing a 2016 patent.

“We got a love letter from them in January,” Jeff Samson, co-owner of Aloha Poke Shop in Honolulu, said of the cease-and-desist order they received – identical to the one received by Aloha Poke Stop in Anchorage. It reads: “Your use of ‘Aloha’ and ‘Aloha Poke’ in promoting, marketing and selling your food … is a direct infringement of of Aloha Poke and Aloha Poke Co.’s registered (trademarks)… Your use of ‘Aloha’ and ‘Aloha Poke’ must cease immediately,” according to a copy obtained by the Guardian.

Like Aloha Poke Co, Samson opened his business in 2016. He considered patenting the name, but said it seemed ludicrous, in part because Hawaii already has multiple “Aloha Poke” businesses.

“We could have gone and tried to trademark the name,” he said. “But I was like, ‘How could you trademark aloha? How could you trademark poke?’” (...)

On Facebook, the company apologized and denied the claims against it.

“Perhaps the most important issue that needs to be set straight is the false assertion that Aloha Poke Co. has attempted to own either the word “Aloha” or the word “Poke.” Neither is true and we would never attempt to do so,” the company wrote. “What we have done is attempted to stop trademark infringers in the restaurant industry from using the trademark ‘Aloha Poke’ without permission. This is a very common practice … the company holds two federal trademarks for its design logo and the words ‘Aloha Poke’ … This means that the company has the exclusive right to use those words together in connection with restaurant services within the US.”

Phone calls and requests for comment to the company and one of its former owners were not returned.

Kaniela Ing, a Hawaii State Representative who is also a chair of Hawaiian Affairs, said in a video posted on Twitter: “It’s bad enough that [aloha] has been used and commodified over time. But this is the next level. To think that you have legal ownership over one of the most profound Hawaiian values – it’s just something else.” Ing encouraged people to boycott the Chicago-based chain.

Ing also pointed out that there were several Aloha Poke outfits in Hawaii that also use that name. “They should be suing you,” Ing said. “But they probably won’t, because that’s not ‘aloha’.”

by Breena Kerr, The Guardian |  Read more:
Image: J. Kenji López-Alt via