BEWARE OF A SIGNIFICANT SMALL BUSINESS RISK - THE CORPORATE BULLY!

[E.Z. Earl]

A warning to new food business entrpreneurs. As you select your brand name and label design for your company or new products be cautious about running afoul of an ogre I refer to as the "corporate bully". This is a large company with deep financial pockets that may decide that you are encroaching on its trademark or just plain wants to steal yours because it is a good one. They usually employ a technic called a "scorched earth" legal assault (or the threat of). In effect it means that either you do what they say or they will launch a scathing legal attack that will most likely brankrupt the smaller firm and all its owners.

Years of experience does not necessarily protect you. I have encountered it twice in 35 years; once with Starbucks and once this week with a firm that is an affiliate of a giant food company. In short, they feel the trademark "E.Z. Earl's Blazin'-Hot Stuff" (with my picture on it) will somehow cause consumer confusion with their "Hot Stuff" brand sauce.

Ludicrous? In my opinion yes, but this isn't about whats fair or legal. It is about what the big bully wants to force you to do. In this case they insist I drop, now and forever, any reference to "Hot Stuff". The Golden Rule (the person with the most gold rules!) dictates I will most likey have to comply with their demand. Thus Blazin'-Hot Stuff will have to become Blazin'-Hot Sauce, or some such thing.

You never know when or where these bullies will attack, but I recommend a newbie to food production research his or her intellectual property decisions veeeery carefully to at least reduce the chance of being bullied about. I will advise you later of my revised brand name. (to be continued)

[Sickmont]

Man...that's soooo F***ed up. But, thats the way money rules the world.

[imaguitargod]

And people wonder why I hate the corperate world..... I'm just a lowly new age hippy...peace and love, man. Peace and love (corperate hates that).

[Sickmont]

And people wonder why I hate the corperate world..... I'm just a lowly new age hippy...peace and love, man. Peace and love (corperate hates that).

So, i take it you're not a big Wal-mart fan, either?

[Cap'n Bones]

That really BLOWS! Sorry to hear that you're having to deal with this junk!...You must be really doing something right for those a-holes to be pickin' on you like this! Keep up the good work EZ!

[marcosauces]

Heh...thats why trademarking is a BIG waste of money...something like yours comes up and you have to go...BS..!!!

[E.Z. Earl]

:hell:
Thanks for the kind words, everyone, but I have been kicking around the business world for most of four decades. It sucks - it's isn't fair - it surely isn't right - BUT it is a fact of life in the larger corporate would. I have learned to take a philosophical approach to this kind of stuff. That is probably why I don't have an ulcer, and sleep like a baby.

The philosophy in this case is something I prepared for when I formulated the sauce. I built a product years ago that was of such quality it would go sell itself if it had little feet on it. I am receiving almost universal praise for the product, including winning the HUGE gold medal for Best of Show at a major restaurant show. So, what that means to me is this bully cannot stop the sauce from penetrating their market. Eventually it will move into the marketplace under some E.Z. Earl brand name. Then I win!! That is why I refuse to make a hot sauce (or syrup or anthing else) that is mostly label design and gimmacky brand name. Those elements, in my opinion, don't carry the clout to break through if the going gets tough. Quality, on the other hand, almost always prevails.

(Sorry to be so preachy, but I am more than a bit irritated!) -EZ

[huvason]

Excellent advice Earl..... I was lucky enough to get some good advice on this topic developing my next sauce - a Mango variety. Ended up renaming it cuz of a comflict....

BTW.... I still owe you sauce! Ahhhh sorry.... been so busy will go out next week!

[E.Z. Earl]

Excellent advice Earl..... I was lucky enough to get some good advice on this topic developing my next sauce - a Mango variety. Ended up renaming it cuz of a comflict....

BTW.... I still owe you sauce! Ahhhh sorry.... been so busy will go out next week!

I wasn't going to say anthing, Huv. I knew you would get around to it in time. They don't call me E.Z. Earl for nothing! Now, if you'll buy that I have some ocean-front property for you in Arizona. As my Nancy likes to say. "Don't buy into the E.Z. nickname too much. It is kind of like how they call a big guy Tiny!"

[marcosauces]

Now..on a funny note...i hope these corporates are not going to steal my caricature..:) THAT would be scary..!!!

[thehotpepper.com]

C&D's (cease and desist letters) are not uncommon no matter what business you are in. It's a scare tactic, they hope you'll abandon use of the brand, and they may even scare you into tranferring TMs and domains. Don't! Especially if the claims are ludicrous. If it's ludicrous, they won't sue.

[E.Z. Earl]

C&D's (cease and desist letters) are not uncommon no matter what business you are in. It's a scare tactic, they hope you'll abandon use of the brand, and they may even scare you into tranferring TMs and domains. Don't! Especially if the claims are ludicrous. If it's ludicrous, they won't sue.

Sadly, that is not necessarily true. If they determine you are a small business operator, and they want their way bad enough, they won't hesitate to file litigation. "Scorched earth" is a term specifically arising from these types of T/M litigations and the little guy seldom survives.

[thehotpepper.com]

Depends on if you are actually infringing or not. I stand by my advice to not abandon your brand just because you receive a C&D.

Good luck, Earl!

[DevilDuck]

I have lots of problems with "Devil Duck". Google it. From rubber ducks to German record companies to boats.

The bad thing, is that Duck is my last name, and I want to incorporate it with my sauce. Thinking that you're name is unique and not doing any research is assinine.

So, from here on out..it's "Devil Duck's Sauce TM".

That's costing me about a paycheck...:hell:

[imaguitargod]

How about Duck Sauce...oh wait...that's taken....:lol:

[E.Z. Earl]

Depends on if you are actually infringing or not. I stand by my advice to not abandon your brand just because you receive a C&D. Good luck, Earl!

Thanks. I guess my stand at this point is a question of whether I want to spend a lot of money and energy on making and selling a sauce that is returning positive responses that even amaze me, or do I want to spend it on a negative battle over the word "Stuff". The PTO law office and I discussed the "Hot Stuff" registration owned by Hot Stuff Foods, a subsidiary of the giant Schwan Foods, and we both felt the difffernces were significant. Thus they approved it for publication. No - there is no infringement or confusion!

Having said that, I look at "Stuff", which I chose to add a whimsical touch, and ask myself will the sauce still sell if it is called "E.Z. Earl's Blazin'-Hot Sauce?" The answer is, of course. That is what most people are already calling it anyway. So, I choose to move on with the positve aspects of a fun project and let the negative "Stuff" go. (Sorry - bad pun!)

I will use this thread to keep everyone posted as the process unfolds. I believe it will be a good case study for newbie sauce makers to consider as they enter the branding game. - E.Z.

[thehotpepper.com]

I know a good TM attorney is you want to keep your original name. If you give it up, at least your sauce is not well known yet. It won't be like Coca-Cola changing their formula or anything. Hopefully your sauce will blow up soon, no matter what the name! :)

[E.Z. Earl]

Hopefully your sauce will blow up soon, no matter what the name! :)

Blows up? Boy, I hope that means good "Stuff" happens to it!! :)
Thanks, but I have my patent attorney on it.

[thehotpepper.com]

Yes, blow up in a good way! :)

[chiliman]

I have lots of problems with "Devil Duck". Google it. From rubber ducks to German record companies to boats.

The bad thing, is that Duck is my last name, and I want to incorporate it with my sauce. Thinking that you're name is unique and not doing any research is assinine.

So, from here on out..it's "Devil Duck's Sauce TM".

That's costing me about a paycheck...:hell:

How about "Fupped Duck Sauce" Tee hee

[Shooty*]

Demon duck doesn't seem to be taken...

[chiliman]

Just brainsstorming (and there is no bad idea's when brainstorming) and though about messing with the spelling, but keepin ght esame idea and sticking it to the big kids.

E.Z.Earls Blazing Hots Tough (weird grammatically, but correct phonetically)

[E.Z. Earl]

Just brainsstorming (and there is no bad idea's when brainstorming) and though about messing with the spelling, but keepin ght esame idea and sticking it to the big kids.

E.Z.Earls Blazing Hots Tough (weird grammatically, but correct phonetically)

Hey, Chiliman - that is funny!! I like the way you think. Have one on me :beer: (we'll figure out the finances later :lol:) - E.Z.

[thehotpepper.com]

Or Hott Stuff.

[imaguitargod]

Or Sot Htuff...wait...no, that's stupid, nevermind.

[thehotpepper.com]

Also, yours is "Blazin-Hot" Stuff, NOT, Blazin "Hot-Stuff"... I would think that helps you.

[E.Z. Earl]

Also, yours is "Blazin-Hot" Stuff, NOT, Blazin "Hot-Stuff"... I would think that helps you.

The PTO law officer & I discussed that and agreed the use was significantly different from their "Hot Stuff", but this isn't about what's legal - or even fair. It is about "might makes right" and that is why they are forcing an unreasonable position. However, I have been around awhile and will work it out. Keep you posted - E.Z.

[chiliman]

Hey, Chiliman - that is funny!! I like the way you think. Have one on me :beer: (we'll figure out the finances later :lol:) - E.Z.

Thanks for appreciating my odd way of thinking. I have always found that getting out the more bizarre stuff in my head helps to get the rest moving around. "Hots Tough"may not be the end all idea, but it may lead to a new direction in thinking.

Had that beer on you and it was FINE!

[chiliman]

Hey Cap'n Bones...have you ever had any naming issues with Buccaneer porn stars?

[Anija]

Hey, Mr. Earl,

How about your own word.... Maybe "Shtuff" instead of stuff?? I think it kinda sounds western.

Doing a quick search over at uspto.gov show no listings on TESS....

[E.Z. Earl]

Actually, people, the chess game with the Wicked Ogre of the Midwest is progressing nicely. I believe I will be able to report a coup (of sorts) in the next couple of days. Stay tuned - breaking news at 11:00 - E.Z.

[dreamtheatervt]

It's a shame you couldn't just have a "taste off" and the better tasting sauce got the name...

[E.Z. Earl]

It's a shame you couldn't just have a "taste off" and the better tasting sauce got the name...

Agreed - but that would be like trying to call the town coward out of the saloon for a shoot-out. I don't think they would want to play the "taste-off" game with their ammunition. - E.Z.

[E.Z. Earl]

Since THEHOTPEPPER kind of smoked me out on the "Collectable Forum" thread today, I might as well fill everybody in on where the trademark dispute appears to be headed. Just waiting for the final word from my patent attoreny at present.

1st - it looks like my whimsical attempt to use "Stuff" is history. I will have to give it up in the agreement in favor of the word "Sauce"

2nd - the good news is that after a random examination of 1,000 sample requests, a heavy majority of potential customers are calling it "Sauce" anyway! So the cutsy or whimsical "Stuff" may have been just plain stupid. I believe conventional wisdom says it is smart to name your product what people want to call it!

Now, I will confirm this if it finalizes. Thanks for all the support from you people during this battle. It is nice to have friends around at tough times. Here's to all you from E.Z. Earl :cheers: :beer:

[marcosauces]

:cheers:
sometimes is just better use the easy way.

[thehotpepper.com]

Since THEHOTPEPPER kind of smoked me out on the "Collectable Forum" thread today, I might as well fill everybody in on where the trademark dispute appears to be headed.
I didn't say anthing you hadn't posted, and I didn't even post details. Just said the sauce may become a collectible. :?:

[E.Z. Earl]

I didn't say anthing you hadn't posted, and I didn't even post details. Just said the sauce may become a collectible. :?:

Hey, I agree - and no complaints here. None of this is a big secret to me, so I am glad to share it whenever something happens. I am anxious to get a final answer and move ahead however. - E.Z.

[Cap'n Bones]

Hey Cap'n Bones...have you ever had any naming issues with Buccaneer porn stars?

Only once chiliman! The first sauce that we tried to market went by the name of, "Cap'n Bones Plundering the Booty sauce"...Didn't fair to well with some folks.

[Sickmont]

Only once chiliman! The first sauce that we tried to market went by the name of, "Cap'n Bones Plundering the Booty sauce"...Didn't fair to well with some folks.

i DEFINITELY would've bought that.....just for the name alone.

[DevilDuck]

Only once chiliman! The first sauce that we tried to market went by the name of, "Cap'n Bones Plundering the Booty sauce"...Didn't fair to well with some folks.

Uh oh.... I use Pirate lingo to name my individual sauces. We won't have a problem, will we? :P

[E.Z. Earl]

Hey, Mr. Earl,

How about your own word.... Maybe "Shtuff" instead of stuff?? I think it kinda sounds western.

Doing a quick search over at uspto.gov show no listings on TESS....

Anija: I think it's settled on "Sauce", but what about a new tag line that goes: "The Good Stuff!" - you like that? - E.Z.

[setzuanfire]

That reminds me of the battle between McIlhenny and Trappey's for the name 'Tabasco' in the 20's- guess who won?
I have typed every clever idea for a hot sauce name I can think of into the search engines and have had very few that aren't already used. I think I'll just go with something nonsensical to be safe, like stoopid monkey jumping window piewacket booboo sauce, or aaaahhhhhh!!!!!, etc. (lol!)

brookthecook

[thehotpepper.com]

I'll just go with something nonsensical to be safe, like stoopid monkey jumping window piewacket booboo sauce

TM

:lol:

[E.Z. Earl]

That reminds me of the battle between McIlhenny and Trappey's for the name 'Tabasco' in the 20's- guess who won?
I have typed every clever idea for a hot sauce name I can think of into the search engines and have had very few that aren't already used. I think I'll just go with something nonsensical to be safe, like stoopid monkey jumping window piewacket booboo sauce, or aaaahhhhhh!!!!!, etc. (lol!)

brookthecook

Hey - I went with "E.Z. Earl's Blazin'-Hot Stuff". That's about as stupid as your example, but i still got threatened by a corporation that wants ownership of an entire word: "Stuff"! It's simply the Golden Rule - the guy with the Gold Rules!!! - E.Z.