FIRE. CIDER. IS. GENERIC.
The “Fire Cider 3”, Kathi Langelier of Herbal Revolution, (ME) Mary Blue of Farmacy Herbs (RI) and Nicole Telkes of Wildflower School of Botanical Medicine, (TX) have had their day in court!! The trial lasted 9 days and was a huge effort by many involved!! Judge Mastroianni of Springfield, MA federal court has determined in a 40-page decision that fire cider is a generic term!!
Their trial started during the Spring Equinox with the moon in Libra and we ended with the Fall Equinox with the Sun in Libra… LIBRA is JUSTICE!!!
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What does this mean? can sleep at night again!!
The trial is over and we can sleep again at night!
We are tying up loose ends with the USPTO to finish cancellation on the mark.
We have been through the wringer and have come out stronger!!! We have founded life long friendships with each other and members of the herbal community.
The herbal community is strong!! We stood together and defended our traditions and language. THANK YOU.
Why is this decision so important?
This is a precedent-setting case…. Meaning that if another corporation tries to trademark a generic herbal term (or a term from any other small community), this case can be referred to. The judge’s decision recognizes that terms are generic in RELEVANT communities. This means that a term does NOT have to be known to the wider public to be protected by genericism!!!!
What are the next steps??
- Our goal is to create a dictionary of generic herbal terms and create an “herbal commons”.
- If you are going to trademark an original term, please use critical thinking and research before pursuing a trademark. Act with compassion and love and respect for herbal traditions and each other.
- There are still some unknowns and we’ll tackle those as they come, but for now……
W E C E L E B R A T E !!!!
We all freed fire cider together! We love you all~
Traditions Not Trademarks~
Nicole, Mary, Kathi, and Rosemary
October 13, 2019