Why We Don’t Trademark Aloha

“Never cease to act because you fear you may fail.” – Queen Lili’uokalani 1917

Over one hundred and sixty-three thousand people in Hawaii have signed a petition asking Chicago-based Aloha Pokē Company LLC to cease and desist using the Hawaiian words “Aloha” and “Poke” as their trademarked name.

In a state known for it’s Aloha Spirit and live-and-let-live attitude, why do so many people care that someone trademarked the combined words to create and protect a business name recognizable by their customers?

According to the United States Patent and Trademark Office “trademarks serve as indications of origin and quality” and “they represent goodwill or reputation” of your business”.

Hawaii is a multi-cultural state known for the goodwill and inclusivity of its people.  Your neighbor to the left may have originated from the Philippines and your neighbor to the right may be Hawaiian, Tongan or Chicago-an.  Or most likely, a combination of origins we affectionately call ‘hapa’ or ‘mixed plate’.

Together, we share story and we share food.

If you’ve been to Hawaii, you most likely heard a mix of Japanese, Hawaiian and English spoken in the same sentence and it’s reflected in our food: we eat rice from Asia, fish from Hawaii and Spam from Minnesota.

Here in Hawaii where poke (pron. po-kay) originated, it’s a favorite meal for residents and tourists alike.  The ‘mom and pop’ shops buy quality, fresh caught fish by local fishermen and dice it up to perfection.

On several of the Hawaiian Islands there are restaurants with variations of “Aloha Poke” as their business names. Aloha Poke in Waianae and Aloha Poke in Honolulu are separately owned and happily coexist.

Tasha Kahele, a native Hawaiian woman, opened her business ‘Aloha Poke Stop’ in Alaska to rave reviews. Recently she was contacted by the lawyers from Aloha Pokē Company LLC in Chicago who trademarked the combined Native Hawaiian words Aloha Poke.  Tasha asked if they knew the meaning of the word Aloha and they responded that it is ‘irrelevant as they own the word to use in business’.

After the phone call, Tasha received a ‘cease and desist’ letter from Aloha Pokē Company LLC and consequently spent thousands of dollars renaming and rebranding her Hawaiian business to ‘Lei’s Poke Stop’ to avoid an expensive lawsuit.

Zack Friedlander, the recently former owner of the Chicago based Aloha Pokē Company LLC, stated on social media that native Hawaiians would not be sued over his trademarked company name, yet it has already happened.

He also said that all businesses contacted have complied and none have gone out of business. He does not address that these small businesses would have had been in an expensive lawsuit if they didn’t comply and many would have been forced out of business as a result.

Zack said “What we have done is attempted to stop trademark infringers in the restaurant industry from using the trademark “Aloha Poke” without permission”.

What he doesn’t say is that he chose native Hawaiian words without permission from Hawaiians. These words, like all other First Nation words, are not for sale.

It’s well known and respected among Hawaiians and Hawaii residents that Aloha doesn’t belong to anyone, Aloha belongs to everyone.  

The word Aloha shows the deep reverence Hawaiians and Hawaii residents have for life and for sharing: ‘Alo’ is presence or recognition, and ‘ha’ is breath.  When we say Aloha, we are sharing our presence, recognizing yours, and sharing breath together.

In response to the trademark affecting native peoples, The Office of Hawaiian Affairs CEO Kamaaʻopono Crabbe wrote “The Office of Hawaiian Affairs (OHA) is appalled by the Chicago-based Aloha Pokē (sic) Company’s recent attempts to assert control over ʻŌlelo Hawaiʻi, the traditional language of the native people of Hawaiʻi.

OHA is currently reaching out to key stakeholders to discuss possible solutions to this immediate controversy. However, the commercialization and exploitation of Native Hawaiian traditional knowledge has been an issue for generations. At the heart of the issue are trademark laws that present substantial challenges for protecting our culture and promoting its pono (appropriate) use.”

Tasha Kahele addresses the heart of the trademark issue best on her Facebook page Lei’s Poke Stop video: “In the future, our language will be so sacred that no one, especially po’e ha’ole, can tell us that we cannot use our own language in our business, in our music, in our art, because as a native that is our right.”

So what does this mean for the rest of us who are not First Nation Peoples? How do we respect cultures while still appreciate them?

Learn their history.

Learn their language.

Try their food.

Appreciate the differences and celebrate the commonalities.

Understand that indigenous words are innately spiritual, and please don’t trademark their words.

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