The “Fire Cider 30” are the 30- small scale Fire Cider producers that have been sent cease sales letters from Shire City Herbals. Some have been direct emails, some through Etsy, some have been Cease and Desist letters.
Here are a few examples of exchanges between
Shire Cider Herbals and Fire Cider producers and pictures of the products and producers.
Below is a picture of Ruthie Hayes’s “Fuego Cider”. She was contacted on Etsy because she had Fire Cider in the tag!
Below is a conversation regarding Daniel of Temple Turmeric’s Fire Cider product:
Below is a conversation between Shire City Herbals representative, Brian Huebner and Jamie from Salmon River Apothecary. Brian was contacting about her “Fighter Cider”. Photos of Jamie and her products below conversation!
Public Facebook post here from Ritual Botanica
Public Facebook post here from Aldercreek Botanicals
This one was sent to Traditions Not Trademark team:
Stephanie from Locally Good was contacted in early 2017 by Brian Huebner about her
“Fyre Cider”, demanding that she change the name. Here is her amazing response:
Let me give you a little background about myself, before we get down to business. It looks like you are about 3 years younger than me, so we grew up in the same time period. I received a BFA in Industrial Design (product design) back in 2002. I’ve always been a passionate maker, and actually started my first company back in 2002. I was taking a Corporate Identity class and we needed to create a fictitious product, logo, etc. I had already been making soap as a hobby, but people were loving the gifts I was giving them, and wanted to start buying large quantities from me. Thus “Beauty Alresco” was born. In taking the next class, Legal Aspects of Business, I learned all about the patent process, trademarks, torts, etc. I learned that most people don’t even register for a trademark (since it is legally theirs by using that name in commerce), unless they are worried that some d-bag is going to come along and try to use their TM. The creation stage gives the person the right to own that property, and thus becomes a Common Law Mark. I did various freelance graphic design jobs over the years, including logos, restaurant menus, fliers for charity events, etc.
I continued to do my soap, bath and body business on the side, while working crazy hours as a corporate trainer, restaurant manager, and then other various jobs. My husband and I met 6 years ago, while he was the owner and chef of a German restaurant. We both wanted to get out of the restaurant industry, move to a place where you can actually trust people and life is slower, and start a farm.
So, my husband sold his little restaurant, we picked up everything, and moved to the beautiful mountains of Western North Carolina. I was fortunate enough to be able to transfer with my current retail job, and my husband was able to get a retail job when we arrived. We bought our property and started our farm 2 years ago. We were still working full time jobs, starting a business/farm, all while I was pregnant. My husband was part of a huge layoff, and they actually called him to notify him while I was in the hospital getting to deliver my son. So, my husband became a stay at home dad and farmer, and I am a mom, farmer, small business owner, teacher, and still work part time at my retail job to make ends meet. My Fyre Cider (which the label of looks nothing like your product (which you should definitely know since you own a bottle 😉 and can not be confused with your product as it is completely different, and the “average consumer” can easily see that. I hardly sell any of it on Etsy, because I hardly sell anything on Etsy anymore. It is oversaturated with people like you who have no actual passion for the product they are providing, and just trying to make a quick buck. Passion you say!? Yes…passion. You know where my ACV comes from? Local no spray, organic and heirloom apples that I get from farmers, neighbors and friends in the area. I take those amazing apples and create ACV from scratch. I age the vinegar until it has the smoothest, sweetest, most amazing flavor you’ve tasted in a vinegar: no sharp bite here! You know what makes it so amazing, love. You know where my honey comes from? various local farmers, but the last two batches were literally my next door neighbors Sourwood honey, and Wildflower honey. The habaneros I used? Straight outta my garden! The garden that I spent many backbreaking hours creating, in the evenings after I would get off of work from my “real job”, while I was pregnant…THAT’S drive and passion!
I currently still work 2 days a week at my retail job, 40 miles away in the closest city. I get up at 4AM, commute, then work from 6-2. I then drive around to various stores making deliveries and checking inventory. This week I will be adding making deliveries of duck eggs to restaurants to my to-do list, as our 60 ducks have started laying. I then commute back home, where I get my son to bed, and then crash out myself. On my “days off” from my retail job, I wake at 5am to a fussy toddler. I spend half of my day with him while my husband takes care of the ducks and other farm duties, and cleans the house. I spend the other half of the day making product, creating labels, marketing our products, and making deliveries to local stores. I literally work myself to a frazzled state, just trying to make the american dream happen for my family, and not have to rely on “the man”.
So, when some jerk comes along and unnecessarily threatens me, I don’t take it too lightly. Your sister stated, in a June 26, 2014 blog, that “We trademarked the phrase with the intention of protecting our business from bigger players in the natural foods industry, not to persecute folks making home remedies and selling their remedies on a small scale”. I am said folk selling on a small scale. I bust my ass going to the farmers market every saturday morning. I sell in local stores, and have no want to sell out to a big corporation, as I’m sure you guys are hoping to do. Why else would you lie about not trying to hurt the little guy, and then immediately start contacting Etsy sellers to harass them into changing their names, even though they’re not the same as yours! I am one of at least 30 Etsy sellers you have contacted over the last 2+ years. I knew about your pirated trademark, which is why I (along with thousands of other people across this country) call my tonic “Fyre Cider”. It is not the same as yours, and the label/logo DEFINITELY are not anywhere near yours. The definition of trademark infringement is that the “average consumer” might confuse the two. I ask you to take another look and tell me if our two products can be confused. If you say “possibly”, you are full of crap.
Per your request, I have gotten rid of “Fire Cider” when the words are paired together. The mention of “Fire” at the end of the title is going to remain, as it is nowhere near the word “Cider”, and you do not have an almighty TM on the singular use of the word “Fire”. I WILL NOT change the name of my product at this time, as I do not believe that it is a copyright infringement, I can’t see how it could be confused with yours by even the largest of imbeciles, AND I need to confer with my legal counsel on how to “deal” with you.
Please cease and desist threatening me, as it is a huge waste of your time, and just a really sh*tty thing to do! I just found out that I am pregnant again, and this takes a huge toll on the body, stress being the worst thing for a pregnancy. I spent the last 2 sleepless nights fuming about this instead of getting the much needed rest for my fetus! I also am on the autism spectrum, which makes a lot of things in life very difficult. If you want to harass a pregnant mother, who has a disability, and works 2 jobs to provide for her family…by all means, go ahead.
I have inclosed an image of our products side by side, so that you can see just how different, and not confusing they are. And, since you should have a bottle of my Fyre Cider soon (you were the recent etsy purchaser, correct?), you will see how delicious mine tastes in comparison to yours…impossible to confuse!
Good day sir!