Certainly, Fire Cider® has been screening the comments on their blog post about the trademarking – many people have written that they submitted a comment there, but it was never posted. This business we are ranting about is a small business! 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. Yet now that they have trademarked this highly common term they are limiting those who have come before them and those who follow. At the onset of a cold, I take a spoonful of cider 3-4 times daily. 😉. . (I believe all of these Facebook posts are public, so you ought to be able to click right through.) The people at Shire City clearly know they are in trouble, and this is why there are trying to claim ‘secondary meaning’. By that logic we should all be thrilled to hand over all the rights and dna to every herb out there to Monsanto. Yeah, a while back someone trademarked the term “soap loaf”, which is simply the term for an uncut block of cold process soap. Here is a short write up about Fire Cider from my book, The Gift of Healing Herbs – Plant Medicine and Home Remedies for a Vibrantly Healthy Life. The idea of trademarking a traditional folk medicine is counterintuitive, if it is not available to the people, then it is not a folk medicine. As a policy major with some experience in administrative remedy (ie – seeking a cure before legal action is needed), I would propose a course of action. Fire Cider, trademarked by the brand Shire City Herbals, is based on a medicinal herb preparation called an oxymel, which uses a blend of honey and vinegar. this post by Darry Madden on the Fire Cider® Facebook page, this one from Lauren Murphy, who was directly affected by an Etsy removal, https://www.eff.org/deeplinks/2013/11/trademark-law-does-not-require-companies-tirelessly-censor-internet, https://firecider.wordpress.com/2014/01/26/why-and-how-we-trademarked-fire-cider-2/, 2014: The Great Fire Cider Rebellion | Mad Crow Herbalism, For the People, By the People: fire cider and Folk Herbalism, Herbalism and the Commons » The Winged Seed, https://commonwealthherbs.com/2014/01/trademarking-tradition-the-fire-cider-controversy/, https://www.punkdomestics.com/category/tags/fire-cider, Don't Say “Fire Cider” : Natural Wellness Review, Fire Cider of the People, by the People, for the People |, Fire Cider: A Magical Elixir | the Urban Herb School, Spring Brunch at PJ’s Lager House: Calligraphy Class and The Detroit Card Co. | Small Craft, Preserving Community in Fire and Spice | Petal and Moss, For the People, By the People: fire cider and Folk Herbalism | Wildflower Revolution Blog, https://www.uspto.gov/faq/trademarks.jsp#_Toc275426712, The Fire Cider Controversy…my thoughts | The Tangled Herb, The Fire Cider Controversy: My Thoughts…a reblog | Wise Waters Botanicals, https://commonwealthherbs.com/trademarking-tradition-the-fire-cider-controversy/, How To Make Fire Cider- DIY Winter Wellness Series - Self Care, EVRY DAY YEAH: Herbal Tea for Workouts & Recovery, Thoughts on Decolonizing, or, How to be a Good Houseguest. Section 1001, and that such willful false statements may jeopardize the validity of the form or any resulting registration, declares that he/she is properly authorized to execute this form on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the form is being filed under 15 U.S.C. Enough said. Give me a break. I also hope all those Herbalist whom shared there recipes both freely and publish police this company and if there recipe is being used exactly like there that the herbalist push the trademark company to drop this company in question. However, I would never try to corner the name of a product without adding to the name and ingredients. Really cool. Vandana Shiva, among others, successfully challenged a major drug company who had patented Neem — any inspiration there to protest this current theft of tradition?  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. That is, after all, the whole point of everyone making all this noise! It’s that simple. You can also save the strained pulp and mix it with shredded veggies like carrots, cabbage, broccoli, and … Utopian maybe but I relish my herbal circles where that philosophy exists and find it sad that the legalized, commercial world is continuing to encroach on it. I also recognize that the sheer volume of thoughtful and measured comments, deserving of responses, would be difficult for any three people to work through in one weekend. Essiac is also a registered trademark yet others continue to use the term commercially. Revoke Fire Cider Trademark, a petition to the US Patent & Trademark Office, organized by Rad Herb, . They actually mean it. How to Pay for Herb School: Herbal Support Boxes!  However, the realities of business require us to respond to anyone selling a product using our trademark. Make yourself aware of what foods are GMO and absolutely don’t buy them ever, no exceptions?  I’m not dismissing or referring to the overall discussion as such, just the comments and emails I’ve received that consist of anger, abuse, and little else. If Gladstar coined the term and there is written proof of that, how can this company take ownership over it? Drizzle over steamed veggies.  I really do appreciate it, especially as a portion of the feedback we’ve gotten has been the opposite of civil. Thanks for keeping the dialog going. Strain the herbs from Fire Cider after 3 to 4 weeks. So their definition of “abusive” seems to be “anything less than completely positive.” it proved to me that they were not interested in a fair and ethical business model. The conversation got pretty heated on […]. Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE “CIDER” APART FROM THE MARK AS SHOWN In the past year we’ve seen several companies pop up, calling a wide range of concoctions “Fire Cider”. hexing) toward other people who use plants to heal, you could do something about all the patents Monsanto owns on plants, and the subsequent Indian farmers who are committing suicide because they can’t feed their families using those Monsanto seeds. yes I agree they should not be taking the whole recipe name- it was just like someone in the past taking the name nature religion. I love to add the cider to soups, cooked veggies and homemade salad dressing. i love your bee project! It would be a good idea to obtain a copy of the application for the mark and all supporting documents that were submitted. (I’ve also heard of folks adding it to cocktails for a “healthy” twist). Plus I wonder just how effective their product is as it’s massed produced. If you need to flag this entry as abusive. You need to contact a trademark attorney before you embark on doing that. 1. A retraction and and apology would go a long way toward faith being restored, and the continued success of his fledgling company. Also, I think it’s worth recognizing that your story is the same as everyone else’s. Most all my herbalist friends are, too. There’s a […]. What matters, legally, is that he trademarked the name before anyone else did. Sounds like an oversight on the part of those who granted the copyright! Others have written about it quite eloquently and with much grace. i recognize you’re looking to protect your investment against large manufacturers & companies, but i imagine there must be some way to leave room for local & small-scale producers. LIBRA is JUSTICE!!! The “99%” are the ones CHOOSING to give all their money to huge corporations. I can’t see them allowing the herbs to meld with the vinegar for months at a time. Please check your entries and try again. Give it up Shire. Some people take a one-ounce shot a day as a preventative medicine to keep colds away during the winter flu season. i’ll be interested to hear what you find out! By their reasoning any person can trademark the words rhum or rum and make and market their own formulation. FIRE CIDER. As mentioned in previous posts, I think the simple solution would be to just add their name to the title of the product! I think a pirate on their lable is so appropraite. When I learned about the fire cider controversy, and after verifying that the issue was exactly as it had been presented here and elsewhere, I went to the Shire City Facebook page. 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. Fire Cider® has posted their “resolution” on their Facebook page. The end result is a hot and spicy vinegar. Â. I’m not an expert on trademark law, but here are the most salient points as I understand them: -As I mentioned above, our trademark is based on our establishing a secondary meaning, that is to say creating in the general public an identification of our specific product with the name Fire Cider. Meanwhile, I came across this post by Darry Madden on the Fire Cider® Facebook page, which got the most direct response from the company out of several similar posts which appeared yesterday. 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