The trial is over, now we wait….

The team!!
(L to R) Defendants: Nicole Telkes, Mary Blue, Rosemary Gladstar, Kathi Langelier, Legal team from Verill Dana: Jim Goggin, Seth Coburn and Jen Harrell
The Fire Cider 3 with Rosemary
(L to R) Nicole Telkes, Mary Blue, Rosemary Gladstar and Kathi Langelier

Click here for the backstory

The Fire Cider trial started March 25, 2019, and ran through July 2, 2019. We had to travel back and forth to Springfield, MA federal court 4 times making the trial a total of 9 days. The court had other cases to hear, and our trial had so many witnesses, we kept having to schedule more time to come back! We now wait to hear the verdict. The judge has as much time as he needs to decide. We will be posting updates when hear! So sit tight, and join us for the ride!! Thank you for your continued support!!

The federal courthouse in Springfield, MA is made of all glass and was built around ancient Linden and Beech trees. There was Black Cohosh flowering under the trees on the last day of the trial!!

The Trial

The trial began on the 25th and is currently ongoing. At this time, the best way to offer support is to donate additional funding to cover the on-going costs. The community has been showing up for us in such beautiful and inspiring ways… thank you all for your amazing generosity and support! Please donate here http://freefirecider.com/donate/

2018-Update

From Rosemary-
Hi Friends,
It’s winter and definitely time for Trademark Free Fire Cider! This years flu season has been setting records! Make sure to get your Trademark Free Fire Cider brewing!  Its one of the best tonics to keep you healthy during the winter months and to ‘keep the bugs at bay’.   And while you’re at it, try this great recipe for Trademark Free Fire Cider from Mountain Rose and my Fire Cider chutney (see recipes below).  We’re hoping the Pirates won’t try to trademark these recipes as well!

 Unfortunately, the issue surrounding Fire Cider’s trademark continues and the law suit that Shire City served to the ‘Fire Cider Three’ ~ is ongoing.
 We continue to need your support in helping us win this case!  We are waiting to hear our trial date! We do have costs surrounding this! Please consider donating to these costs.

You can help support the Free Fire Cider campaign in many ways!
~Donate to the trial costs! 
~Make your own Trademark Free Fire Cider!
~Teach a Trademark Free Fire Cider class!
~Don’t buy pirated herbal products (the brand with the pirate on the label)!
~Ask your local stores not to carry trademarked Fire Cider!

Thankfully,  many stores have opted to stop selling trademarked Fire Cider.  Stores who have continued to sell  the Shire City Brand usually state that they want their costumers to have the freedom of choice, but there’s NO choice when there’s only one brand allowed to be sold.  Thanks to Park Slope Co-op in NYC for supporting the boycott!
 

Our enduring hope is that Fire Cider and other traditional herbal recipes will be put in a category that protects them from future trademarking, which will allow everyone to continue to make and sell these traditional herbal recipes.  We are not alone!

Again, thank you endlessly for your continued support.
In Joy,

Rosemary Gladstar

Latest Update!

Update October 2017-
We are going to trial to protect the generic herbal term fire cider from trademarks! We are still waiting for our trial date.

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Thanks for your support! Kathi, Mary, Nikki and Rosemary

Action Alert! Support Standing Rock Camp with us!

nikki-memecall-to-action-memescreen-shot-2016-11-14-at-10-46-33-amTradition Not Trademark supports
the Standing Rock Sioux’s battle against the Dakota Access Pipeline. 

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Please join us in sending trademark-free Fire Cider to the Medic and Healer Council at the camp. The water protectors on the front lines need trademark- free Fire Cider!!! Remember, if it has a pirate on the label, it is trademarked!!!

More info on how to donate can be found here.

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fire-cider-3-meme

Finally A Legal Update!!

AMAZING NEWS to report on the lawsuit Shire City brought against the herbalists Mary Blue, Nicole Telkes and Katheryn Langelier!!!! On May 12, 2016, the federal court in Massachusetts dismissed five out of the ten claims that Shire City had brought against the 3 defendants. The claims that were dismissed were all based on the three defendants’ participation in the movement to cancel Shire City’s “Fire Cider” trademark registration. Shire City had claimed that the 3 defendants’ activities had caused Shire City $100,000 in damages.

unspecified 3 defendants had asked the court to dismiss these claims under the Massachusetts Anti-SLAPP statute, which prohibits lawsuits that are based upon constitutionally protected petitioning activities. The defendants submitted lots of evidence to support their motion, including the Free Fire Cider website and the Traditions Not Trademarks Facebook page. The court held a hearing in mid-April where attorneys for both Shire City and the defendants presented their arguments to the court. The three defendants are represented by Verrill Dana, LLP, a New England law firm. In the end, the court agreed with the three defendants and dismissed the five claims that were based on the defendants’ participation in the efforts to cancel Shire City’s trademark.

Although this is good news, the litigation is not over yet. Shire City has also brought claims against the three defendants for trademark infringement. The defendants did not seek dismissal of the trademark infringement claims under the Anti-SLAPP statute and so the lawsuit continues on those issues. These types of cases take a while to resolve and so it may be many months before we know what will happen to the rest of the lawsuit. Regardless, this decision was good news for Mary, Nicole and Katheryn!! Keep sending good thoughts their way over the next few months!

Note from Rosemary about Young Living’s trademark on “Thieves Oil”

 

12717313_941364692578617_7595064788086771802_nFriends,
Thank you for your comments and feedback and sharing our recent post about the trademarking of 4 Thieves/ Thieves Oil by Young Living Oils (YLO).

I wanted to write to you all to give you more information.

Our notice yesterday on the Sage Mountain Facebook page was to inform others that another very popular, and in this case ‘ancient’ herbal name has been trademarked. Unfortunately, this is exactly what we’ve been concerned would happen. Once a popular herbal product name is trademarked, concerns are raised that many of our most popular herbal products could be trademarked by companies and corporations. We can do something about this; it just takes effort and dedication and your willingness to stand up for our herbal traditions. If we allow the trademarking of 4 Thieves/ Thieves Oil and Fire Cider, every other commonly used herbal product will be up for grabs. The vital thriving small herbal business community that has grown up in the last 4 decades will not be the same; popular herbal products that we’ve sold freely, will no longer be available for us to sell.

We had heard that YLO’s had been granted the trademark on Thieves Oil, but had not heard of them enforcing their trademark on small herbal companies. Our posting came after we received information about a small herbal company being contacted about trademark infringement. Ruthie Hayes, an herbalist who sells 4 Thieves Vinegar on Etsy had received a notice of trademark infringement from Young Living Essential Oils, LC alleging that “certain material on Etsy is not authorized.” Etsy, in accordance with their Intellectual Property Policy deactivated the 4 Thieves listing specified as infringing. Yes, its true that YLO’s product is an essential oil, and Ruthie’s herbal product is a vinegar, but YLO’s now owns the name which means that they are the only company allowed to sell 4 Thieves/ Thieves Oil.

What makes this situation particularly disturbing is that YLO trademarked the name, apparently without anyone in the herbal world aware of it, and now own the rights to a name that is several centuries old. This is the very same thing that happened with Fire Cider. No one was notified until after the public opposition period (that allows people to object) so no one had the opportunity to voice opposition to the trademark. Unfortunately for Ruthie this is the second notification she’s received; the first was from Shire City for selling her wonderful product called ‘Fuego Cider’, which Shire City objected to (never mind that she was selling her product first)! Ruthie comments, “This is the second time that a big company has picked on me about my products. The first being Shire City, for using the tag “fire cider” in my ‘FUEGO CIDER’ product listing. I am so saddened and discouraged because it so blatantly goes against the true spirit of herbalism that we strive to uphold.” Ironically enough, Ruthie is our 2015 ‘Fire Cider Fairy Queen’; she won the award for the best Fire Cider at the International Herb Symposium in 2015!

What we can do:
1) Voice your opposition. Continue to contact Shire City and Young Living Oils letting them know you object to the trademarking of traditional herbal names.
2) Continue to talk to the stores asking them to support the traditional herbal community that has brought the voice of herbalism to the American people. Our objection isn’t about the companies that produce these products or the products themselves, but to the trademarking of names and recipes that have been long considered commonly owned, shared freely, and passed down through the ages. These are our legacy herbal products and need to be maintained for everyone to be able to make and sell as they please. As always, please be polite and courteous!
3) Boycott! Many people in the herbal community feel boycotting is too strong a stance, but refusing to place your money where your values aren’t met is one of the best ways of making your intentions real. Boycott the stores and boycott the product; and let the store owners and buyers know why. The company may be a good company run by wonderful people, but nonetheless, they are trademarking products that don’t belong to them, regardless of the amount of money they paid for them. They belong to all of us!

With love,
Rosemary

Young Living Oil about 4 Thieves: Dana Barger (ipdocket@youngliving.com)
Shire City Herbals about Fire Cider: info@firecider.com