United States Patent and Trademark Office If Gladstar coined the term and there is written proof of that, how can this company take ownership over it? That doesn’t mean in casual conversation, people can’t call their product Fire Cider. Common law rights arise from actual use of a mark and may allow the common law user to successfully challenge a registration or application.”. However, they decided to trademark the name âfire ciderâ. We are all working on shoestrings, working after work, doing it on weekends, doing whatever we have to do in service to the plants and to the people. So, what is this controversy all about? Perhaps they could call it something like Shire Cider, trademark it, and include a non-trademarked generic description of the product (fire cider) just like other companies do. Â I would appreciate it if you would clarify this in your blog post.Â, We have been quite taken by surprise by the volume, intensity, and tone of people’s responses, and it’s sudden upswell. Arguing about a patent on tradition is one thing but in this world of overwhelming money hungry entrepreneurs, having a little common sense would sure feel like a breath of fresh about but I live in a fantasy world. Then if they market the product well, make it available to a large audience, perhaps Shire Cider would become synonymous with Fire Cider, while still leaving the term fire cider available to other companies for use. I’m not sure what ended up happening with it though. On deleting posts.. How Do We Win Against COVID-19? I wouldn’t have any heartburn with the issue if they had just put a person or company name in front of the word. The end of summer is my most dreaded time of year. If this is all these people are ever going to learn about herbalism, it’s not appropriate to act as if you invented it, and they can’t get it anywhere else. The people at Shire City clearly know they are in trouble, and this is why there are trying to claim ‘secondary meaning’. They have backed themselves into a corner on this one – not only in terms of the fight to legitimize their choice to take action against small-scale herbal product makers, but also in that they’ve restricted their business model to reliance on a single product. Jun 8, 2016 - Learn how to make Rosemary Gladstar's original Fire Cider recipe and chutney to help keep your immune system healthy, and to ward off infections. https://www.change.org/petitions/united-states-patent-and-trademark-office-pto-or-uspto-revoke-fire-cider-trademark, Thank you Ryn, the response from Dana shows a total lack of understanding of the larger meaning of herbalism, the people’s medicine, where bringing the healing power of plants is typically done in a generous, open and caring community. So let me see if I understand the few people who don’t have a problem with this. I wonder if in reading all of the outrage en cited by his decision if Dana is reconsidering his choices or if this was all part of the grand plan to create a buzz around his product. An herbalist friend told me she was blocked from posting on the non trademarked pages as well after she questioned whether the measures being taken were actually necessary.. that it seemed almost militant… So the accountability of a public forum holds on both sides of the matter. It is a weak excuse, and clearly the advise of a lawyer trying to manipulate the situation. For them to attempt to expand their reach beyond this is unwarranted and quite possibly not a right guaranteed them with a secondary trademark. United States Patent and Trademark Office Â©2020 Verizon Media. Type of Mark TRADEMARK You might wonder how an herb-filled beverage could cause any sort of controversy, there is one. These concerns are coming from herbalists and people deeply invested in the community who are making their feelings known about an issue close to their hearts. In Rosemary’s book Medicinal Herbs you can clearly see the recipe’s similarity to The Shire’s Blend. There are only three of us and we don’t want to respond to anyone from a place of fear or anger. Horseradish, garlic, onion, ginger, and hot peppers infused in vinegar? The cider concoction is a spicy and sweet folk herbalism recipe taken to alleviate symptoms of the common cold. Some examples would be Kleenex, Band Aid, Q-tip, Jell-o, and Cheerio’s. Your task then is to respond as best you can, defend yourself when necessary, or let your quality stand on its own merits. The long and short of it is, they’re saying “bring it to the US Patent & Trademark Office.” If we take it at face value, this may mean they feel confident that their mark will stand up to a challenge, or they may believe there’s no safe way for them to extricate themselves from the situation under their own power, and that an external effort is required. ), splashed in fried rice, or drizzled on a salad with good olive oil. check out their elixirs too! In general I am very strongly of the opinion that by operating on the Internet you subject yourself to certain rules of conduct, and that includes allowing disagreement and even negativity to be directed at you, without trying to wipe it away. The ethics don’t line up. Dana & Co. (the owners are truly wonderful people) have done more to share fire cider with the world than anyone else before them. ð, (just a quick note for anyone posting comments tonight – if it’s your first time commenting on our site, your comments will go in a moderation queue. The original recipe calls for horseradish, but for the sake of the kids I typically substitute echinacea root. Blind ambition? It just strikes me so as I just gave two bottles of it away on the 24th of January, hoping to help pass on the wisdom of simple remedies to others that want to make a difference in their and their families lives. Don’t buy from Amazon.com? Fire cider is basically apple cider vinegar spiced with onion, garlic, ginger, horseradish, lemons and oranges. -As we are a relatively small company completely invested in the success of our sole product, Fire Cider, failure to protect our trademark would be an existential threat to our company. 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