Lumina Posted May 9, 2016 Share Posted May 9, 2016 I was so surprised to receive a letter in the mail today from "Thymes, LLC" that I have been selling a candle with their trade mark "Frasier Fir" on it... they want me to of course take if off my website which they took a screen print of and they took a screen print of a face book post where someone said they loved that candle. If I don't sign the letter and return it to them they will sue me for past royalities ... really????? When I went to their site their Frangrance is fir, sandalwood and cedar.. I get my oil from Peak and this has really taken me back.. Do I sign the letter? Even if I sign it they said they can sue me for past use... This is so crazy... Cindy 1 Quote Link to comment Share on other sites More sharing options...
bfroberts Posted May 9, 2016 Share Posted May 9, 2016 The actual name of the tree is Fraser fir, not Frasier, which is what they have trademarked. I would just change your spelling, sign the letter (or whatever they require) and be done with it. 2 Quote Link to comment Share on other sites More sharing options...
Vicky_CO Posted May 9, 2016 Share Posted May 9, 2016 If your item is called Frasier Fir you have to remove that name from your stuff I just did a trademark search and yes they do own the name for these uses. All purpose cleaning preparations; soap, namely, bar soap, hand soap, liquid soap and perfumed soap; dishwashing preparations; hand lotions; Reed diffusers comprised of scented oils and also including reeds and a diffuser container; room fragrance preparations, namely, home fragrance mist. The candle issue is iffy but I would bet a judge would side with them because of "room fragrance preparations" 1 Quote Link to comment Share on other sites More sharing options...
Lumina Posted May 9, 2016 Author Share Posted May 9, 2016 I already changed it on my website to Evergreen Fir.. I feel leary about signing the letter as it says they can still come after you no matter what for past royalities. Plus I just named it from how it was spelled on the FO bottle. I love that scent. The letter states you can't spell it any where close to how they spell it. I just wondered if anyone else had has issues like this one. Thanks for your advise. Cindy 1 Quote Link to comment Share on other sites More sharing options...
Vicky_CO Posted May 9, 2016 Share Posted May 9, 2016 Well when I was at the trademark search it looks like they own that name then let it lapse and reregistered it again in March of this year. When they let it lapse the lost the ability to do a whole lot. Say you named your candle last fall at that time there was no live trademark, when you were made aware that there is now a trade mark you took steps to correct the issue no judge will grant them anything. I would not sign anything that says you are guilty when you are not. Here is where you can do trade mark searches http://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4801:k6q60d.1.1 3 Quote Link to comment Share on other sites More sharing options...
Lumina Posted May 9, 2016 Author Share Posted May 9, 2016 Thank you this is so helpful. I love this group. Cindy 1 Quote Link to comment Share on other sites More sharing options...
Moonstar Posted May 9, 2016 Share Posted May 9, 2016 Vicki great advise _ Saves the day lol ! Lumina, i bet that scared the crap out of you, i know it would of me lol ! please keep us posted 1 Quote Link to comment Share on other sites More sharing options...
Lumina Posted May 11, 2016 Author Share Posted May 11, 2016 It did scare the crap out of me... I was worried. A very good friend of mine said I should rename the candle "Kiss My Aspen". lol 9 Quote Link to comment Share on other sites More sharing options...
Candybee Posted May 11, 2016 Share Posted May 11, 2016 Too funny! It's quite possible that if you did use that name you could sell a boatload of those candles. I find customers love quirky or outrageous names for candles. 3 Quote Link to comment Share on other sites More sharing options...
kandlekrazy Posted May 11, 2016 Share Posted May 11, 2016 You can always sign it stating on the letter that you will not use it any more but are not liable for any past sales with that name. What they are really asking you to sign is exactly that but they threw in a scare tactic. My good friend got a similar letter for using a candy name, big company's attorney but they didn't throw in anything about past action just cease using and sign that you will cease. 1 Quote Link to comment Share on other sites More sharing options...
puma52 Posted May 12, 2016 Share Posted May 12, 2016 If it was me, and I did not sign for it, I would set on that letter. I would tuck that puppy away and if anyone says anything about it, I would say huh...what letter. I think it was more of a scare tactic more than anything else. You changed the name (that's what they wanted) and I would just forget it, soon it will be nothing more than an aggravating memory, 4 Quote Link to comment Share on other sites More sharing options...
TallTayl Posted May 13, 2016 Share Posted May 13, 2016 Same here Puma. 3 Quote Link to comment Share on other sites More sharing options...
Guest OldGlory Posted May 13, 2016 Share Posted May 13, 2016 Does anyone have a definitive answer about using "Frasier Fir type", or "similar to Frasier Fir" or "if you like Frasier Fir you'll love Kiss My Aspen" - or similar wording? Quote Link to comment Share on other sites More sharing options...
Moonstar Posted May 14, 2016 Share Posted May 14, 2016 OMG your friend is HYSTERICAL ... love her idea of Kiss my Aspen lol ! 1 Quote Link to comment Share on other sites More sharing options...
Lumina Posted May 27, 2016 Author Share Posted May 27, 2016 I am going to rename it to Kiss My Aspen. My son advise me if people ask about the name just tell them the story and they will want to buy it. lol 3 Quote Link to comment Share on other sites More sharing options...
Candybee Posted May 28, 2016 Share Posted May 28, 2016 (edited) Re the letter, I hope you didn't sign it. I would do as Puma suggests and just file it away for safekeeping in case anything comes out of it. I believe signing it can open up a whole new can of worms and they can then use that signed document against you if they chose to. I agree its a scare tactic. As long as you changed the name of your product there is not much if anything they can do to you. But with a signed paper I would worry they have ammo to use against you if they choose. Even if it doesn't state so they can use it as evidence that you understood and agreed with them that you should not have used or be using the name. Could be very tricky or nothing at all. Me... I would not sign period! Edited May 28, 2016 by Candybee 2 Quote Link to comment Share on other sites More sharing options...
Lumina Posted May 31, 2016 Author Share Posted May 31, 2016 Thanks. I did not sign the letter. I just sent it back with a screen shot of their expired trade mark and note saying I changed the name. 2 Quote Link to comment Share on other sites More sharing options...
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