cover of episode Cultural appropriation of food: What is it?

Cultural appropriation of food: What is it?

2024/12/27
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What in the World

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C
Charlotte Edwards
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Kim Pham
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William Lee Adams
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Yen Bui
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William Lee Adams: 本期节目讨论了近期在英国TikTok上引发热议的Pho餐厅商标事件。一家英国Pho餐厅在2007年注册了"pho"商标,限制了其他商家使用该名称,引发了关于食物文化挪用的讨论。节目邀请了发起抵制运动的越南TikTok博主Yen Bui,以及其他专家,探讨了这一事件的背景、影响以及文化挪用的相关问题。 Yen Bui: Yen Bui解释了她发起抵制运动的原因,她认为Pho餐厅的商标行为是对越南文化的不尊重,不仅损害了越南商家利益,也伤害了越南文化。她强调,这不仅仅关乎商业利益,更是关乎文化尊严和保护。她分享了她在社交媒体上发起运动的经历,以及她收到的正面和负面反馈。她指出,一些负面评论认为她的行动不必要,或者认为越南商家应该更早地注册商标。然而,Yen Bui坚持认为,尊重文化是至关重要的,并且商业行为不应以牺牲文化为代价。 Kim Pham: Kim Pham对食物文化挪用给出了定义,并提出了判断食物文化挪用行为的几个标准,包括是否涉及相关背景或国籍的厨师,是否承认、参与并补偿相关社群的专业知识,是否正确注明菜肴、地区、菜式和灵感来源的人,以及产品和菜肴的命名是否尊重和谨慎。 Charlotte Edwards: Charlotte Edwards解释了商标的定义和作用,以及商标的公平使用原则。她指出,商标可以作为法律武器保护产品或创意,防止他人复制,但公平使用原则在某些情况下可能适用,但并非所有国家都适用。她还举例说明了食品行业商标的普遍性及复杂性,例如麦当劳Big Mac商标的案例。 William Lee Adams: 本节目探讨了文化挪用这一复杂的问题,尤其是在全球文化融合日益加深的背景下。节目总结指出,在借鉴其他文化元素的同时,尊重和保护相关文化至关重要。

Deep Dive

Key Insights

What is cultural appropriation of food according to Kim Pham?

Cultural appropriation in food occurs when dishes or cuisines from communities of color are flattened, diluted, ripped off, or exploited for profit, typically by individuals not from those communities. It involves a lack of acknowledgment, involvement, or compensation for the original creators and often fails to credit the cuisines, regions, or people from which inspiration is taken.

Why did Yen Bui start the campaign against the trademarking of 'pho'?

Yen Bui started the campaign to support Vietnamese-owned businesses that were negatively impacted by the trademarking of 'pho' by a British-owned restaurant chain. She was motivated by her parents' experience as Vietnamese immigrants running a restaurant in Germany and wanted to protect Vietnamese cultural heritage from exploitation.

What was the public reaction to Yen Bui's campaign on TikTok?

The campaign received overwhelmingly positive support, with 99.9% of the comments being supportive. Many people joined the campaign to challenge the trademark, which Yen found empowering and validating. However, a small percentage of critics argued that the restaurant chain was simply better at business or that the ownership's ethnicity shouldn't matter.

How did the Pho restaurant chain respond to the backlash over trademarking 'pho'?

The Pho restaurant chain apologized and stated they would not pursue legal action against other businesses using the word 'pho.' They clarified that their intention was to pay tribute to Vietnam's national dish and emphasized that 'pho' belongs to the people of Vietnam. They also noted that over 50 other UK restaurants have trademarks using the word.

What are the potential consequences of using a trademarked name in the food industry?

Using a trademarked name without permission can result in fines, imprisonment, or both, depending on the context. Trademarks are legally protected to prevent unauthorized use or association with a brand. However, fair use arguments, such as comparative advertising, may apply in some cases, though these exceptions vary by country.

What broader issue did Yen Bui discuss with the Vietnamese embassy in London?

Yen Bui discussed the need for regulations to protect cultural heritage, such as Vietnamese dishes like pho, bánh mì, and bún chả, as well as traditional attire like the áo dài. The conversation focused on intellectual property processes in the UK and internationally to safeguard cultural assets from exploitation.

Shownotes Transcript

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In this episode, we're talking about one of my favorite things to eat, Vietnamese phở, or as it's commonly pronounced abroad, pho. In case you don't know, it's an incredibly warming and aromatic soup with noodles and a broth that's typically simmered for at least 12 hours and sometimes for days. Now, why are we talking about all this? Well, recently, a story about pho blew up on TikTok here in the UK.

It was after a Vietnamese TikToker pointed out that a British-owned restaurant chain called Pho had trademarked the name of the dish, and that limited the rights of other restaurant owners to use the word "pho" in their names because they could have faced legal action. Critics said it was a vivid example of cultural appropriation of food. So in this episode, we're going to hear from Yen Bui, who started the campaign, to find out why this issue matters to so many.

I'm William Lee Adams, and this is What in the World from the BBC World Service. You might be less familiar with the term cultural appropriation. If so, here's Kim Pham. She's made online content to help people understand and avoid cultural appropriation.

cultural appropriation. I mean, cultural appropriation in food, I think, is a deeply complex and nuanced subject. But the way that I think about it is that you kind of know it when you see it, right? I think it's when specific dishes or cuisines, largely from communities of color, are flattened, diluted, ripped off, or exploited for profit, usually by folks not from those respective communities.

So some things that I look out for when I think about is this culturally appropriative? Does it involve chefs of those backgrounds or nationalities? Does it acknowledge, involve, and compensate relevant communities for their expertise in these flavors? Does it not try to claim singular expertise in a dish or cuisine? Does it properly credit the cuisines, regions, dishes, people from which inspiration is taken? And does it name products and dishes with respect and care?

Let's get back to faux. As I mentioned, a restaurant here in the UK has given up the trademark to the word faux. Faux Restaurant trademarked the word in 2007. That meant that other businesses felt it risky to use the word, and some claimed this had a negative impact on them. One example is a restaurant called MoFo, which in 2013 received a legal letter over its name from Faux Restaurant.

Following a public outcry, however, Pho Restaurant apologized and said it would not pursue legal action against Mo Pho. Yen Bui is a Vietnamese content creator who now lives in London. She's also the woman behind that TikTok campaign. Hi, Yen. How are you? I'm good. How are you? Oh, really good. Thank you so much for joining us. We are so excited to have you.

Thanks for having me. So, Yen, we've heard a little bit about your campaign. Could you tell us who you were fighting for? So essentially, you know, and I tried to explain this to my parents. I'm, you know, a daughter of Vietnamese first generation immigrants to Germany. And I'm

just seeing how incredibly hard my parents both worked and also running a Vietnamese restaurant in Germany selling the pho noodle dish I just couldn't imagine how they would have felt if they would receive a letter from a company that owns the pho trademark and so essentially I did it

not only for my parents, but for those Vietnamese-owned businesses that were a victim of the third trademark years ago, and also just in general, people that are of any kind victim of cultural appropriation.

And the campaign got a lot of attention very quickly. What was it like for you to see this unfolding? For me, it was incredibly overwhelming because I didn't expect for it to grow like that. So when I saw that it was growing so rapidly and I saw that...

the majority of the sentiment, don't quote me on it, but like 99.9% of the sentiment in the comments was positive and supportive. And when it started to unfold and other people joined this campaign and started using their voices to challenge for Holdings Limited, it was, you know, it felt good and it felt empowering and it felt like we could really make a change. On the flip side, did anyone push back at you that other 1% said,

what would be the argument against doing the campaign? So I think the most of the negative sentiment that I got was obviously like, why are you mentioning that it's white owned, it shouldn't matter. And to be fair, it doesn't matter that they are white people who started Vietnamese restaurant, because I do think that a lot of people had their first touchpoint with Vietnamese food through this restaurant chain, because they're the biggest chain. But the

it's just in bad taste that they are not Vietnamese people. In addition to that, another negative sentiment was that, well, it's the business landscape. And maybe if Vietnamese-owned businesses were smart enough to trademark it before them, then you wouldn't complain about this. So basically, one of the sentiments was, well, they were just better at business, doing business.

The founders of the Pho restaurant chain have said they opened it to pay tribute to Vietnam's national dish. Do you think there is room for non-Vietnamese people to prepare, serve, and celebrate Vietnamese food?

So I do think there is a lot of space for it and it shouldn't just be limited to Vietnamese people owning Vietnamese restaurants. But if you do it, then you have to pay respect to the culture that you're profiting off. It's important to say Pho restaurant has released a public statement saying that they felt their brand had been misunderstood. The founders say they started Pho to pay tribute to the national dish of Vietnam after they fell in love with it during their travels.

They say they haven't prevented other businesses from using the word pho, and they point out that more than 50 restaurants in the UK currently also have a trademark using the word. They say they believe that pho doesn't belong to anyone but the people of Vietnam. So trademarks can be pretty powerful. Let's hear more about how they're used in food with the BBC's Charlotte Edwards. ♪

A trademark is something that helps give legal protection to a product or an idea so other people can't just copy it. Lots of things can be trademarked including names, words, phrases, symbol designs and pictures. A trademark can be used as a legal weapon if someone tries to copy you or make money by trying to associate with a famous brand or name.

Using something which has a trademark can lead to a fine, prison or both depending on what you're using it for. There are some fair use arguments such as using a product for comparative advertising or if you can argue it was fair use and necessary to refer to a trademarked item and you weren't trying to imply things like sponsorship or endorsement.

But fair use doesn't apply in all countries, so you need to be very careful. Trademarks are very common in the food industry. For example, Coca-Cola and Pepsi are trademarked names for popular fizzy drinks, and Big Mac is something we associate with McDonald's burgers.

However, Big Mac is an example of how complicated food trademarks can be because earlier this year McDonald's actually lost the EU trademark for use of the term Big Mac in relation to chicken sandwiches. And that was because of a complaint from Irish rival Supermax.

So Yen, back to you now. I was scrolling through your Instagram and I saw that you were invited to the Vietnamese embassy in London. Could you tell us about that meeting and what was said? Yeah, so I mean, I think the first question that the Secretary of Commerce asked me is,

Why did you do that? Like, what was the motivation behind this? We also spoke about the fact that if it's for today, it can be bánh mì tomorrow. And if it's not bánh mì, then it will be bún chào or it will be áo dài, which is the traditional Vietnamese dress. And so we were...

trying to speak about what regulations are currently in place to ensure that you can protect cultural heritage, not just Vietnamese, but in general. What is the process at the intellectual property office in the UK, but also outside of the UK? Yen, thank you so much for joining us. Thank you so much. Thank you.

Cultural appropriation is a tricky issue, especially as the world becomes more and more integrated and culture feels more fluid. But as we heard from Kim earlier, there is a way to take influences from another culture while still being respectful of it. That's all for today. Thanks for listening to another episode of What in the World from the BBC World Service. I'm William Lee Adams, and we'll see you next time. Bye!

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