By Eric D. Morton
I am writing from the perspective of an attorney who practices business law and intellectual property - particularly trademark law. In over 37 years of law practice, I have represented many hundreds of small and medium sized businesses. In addition to business matters, I have advised my clients on branding and trademarks. I filed scores of trademark applications. I have litigated trademark disputes. I taught trademark law and supervised the trademark clinic at California Western School of Law.
As such, I am very disturbed by the recent hysteria about the attempt by Cracker Barrel to rebrand. Recently, Cracker Barrel announced that it was changing its longtime trademark. It dropped picture of man with a barrel and the words "Old Country Store" from its logo. It retained the words "Cracker Barrel". The image below on the left is the old trademark; the one on the right the new one.
Right-wing influencers throughout the Internet called the rebrand woke. They created a storm of controversy throughout the right-wing social media world in which thousands of individuals savagely criticized Cracker Barrel and its executives.
The right-wing activist Christopher Rufo wrote: “It’s not about this particular restaurant chain — who cares — but about creating massive pressure against companies that are considering any move that might appear to be ‘wokification.” Sean Davis, the chief executive of The Federalist, a right-wing website, wrote, “Cracker Barrel’s CEO and leadership clearly hate the company’s customers and see their mission as re-educating them with the principles of gay race communism.” One wrote: “The Barrel must be broken."
Cracker Barrel's sales dropped and its publicly traded stock declined. President Trump weighed in and demanded a return of the old logo. Cracker Barrel immediately did so.
This is insane. Major companies update their branding all the time. When they do, large, publicly traded companies like Cracker Barrel do not rebrand lightly or because they are "woke". They spend a lot of time and money on brand consultants, market research, surveys, focus groups,
I know of a regional healthcare chain spent $950,000.00 on a simple trademark. I have small business client that owned a trademark registration, and the .com domain for, a two word trademark. A Fortune 500 company paid my client $1 million for the trademark and the domain in order to use them in an advertising campaign. I am certain that company spent many millions more in market research before approaching my client.
Cracker Barrel's stock has steadily lost value in the past four years. In April 2021, its stock sold for $175.00 a share. In April 2025, its stock was at $33.00. Cracker Barrel's net income similarly declined. Obviously, something wasn't working and its board of directors no doubt demanded that something be done to reverse the fortunes of the company.
After much market and customer research (and considerable expense), the officers of the company decided to simplify the company's trademark in order to broaden market appeal. This was the start of a slow change in the trade dress of the company's restaurants and changes to its products, in conjunction with different marketing approaches.
Cracker Barrel's research probably showed that some customers would not like the change but in the long-term it would be worthwhile. This change was not "woke" but a standard business practice.
After announcing the change, Cracker Barrel was hit by the fire-storm and immediately caved. Cracker Barrel is now stuck with an undesirable and outdated logo. Its directors and officers will no doubt be too intimidated to make any changes to the look their restaurants and products, or their marketing. Cracker Barrel's net income, stock value and market share will continue to decline.
Everyone in business world should be deeply concerned. Until now, this incident would have been unthinkable. We cannot let this become normal.
