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LEAGAL ACTION THREAT

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wa_dave

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The other day we received a demanding letter from Lawyers representing a brand stating that we were breaching Trademark and Patents by using a ingredient name PEPPERDEW. The brand and ingredient go under PEPPADEW. They stated we were using a similar description to theirs and not using their product. Actually by mistake we used PEPPERDEW (thinking this was how it was spelt) and have done so as an ingredient on one (and only) of our gourmet pizzas. It was used as a generic term. We purchase their product from our local supermarket.
The letter they sent us demanded that we remove all reference to these names from our menu, website and anything else.
We have instructed our web person to change the description, removed all our menus from circulation and changed our menu board as demanded by this Law firm.
The funny thing is that hundreds of thousands / millions of retailers openly use Coca Cola, Pepsi or a myriad of other brand names on their menus, even though these are Trademarked names without any problem, or without showing the TM symbol against the product.
This small South African grower and manufacturer company is protecting their product which is fair enough but there are equally similar products available, so we do have alternative products to use, which we have changed to now.
The tone of the letter was very intimidating, threatening, demanding and totally over the top, where an simple courtesy letter outlining it and politely asking to cease using the description would have surficed.
We will no longer purchase The PEPPADEW brand so through their heavy handed actions they have lost a customer of 8 years - not a big loss to them but a loss anyway.
So the reason of this post is to let everyone know that to be careful when wording menus etc so that you do not infringe on Trademarks or Patents, even if you know or don’t if they are protected.
The whole waste of this experience is that it will cost me a few hundred to change the web description, in waste of menus and getting our menu boards changed, where they are losing our future purchases and their Lawyer costs would be substantially more than our total purchases from them over the past 8 years.
And lawyers wonder why they are rated in trust at the very lowest of professions, even lower than used car salesmen.
Just my rant !!! :mad:
Dave
 
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They are very short sighted with their letter in my opinion. It seems to me that you were also providing them with FREE advertising since you were indeed using their product. A quick Google search produces 303,000 results of which four would be considered their official sites. So why go after a mom and pop shop at the edge of the earth? Or maybe they were mad because you are a bad speller 😃
 
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Richard, the ol’ world traveler who thinks the world is flat (edge of the world indeed !!!)
I guess I spelt it the way it normally spelt … maybe they are the bad spellers.
Yes it got right up my nose that they picked on a single family store with a modest turnover.
I have no problem with a business protecting their IP etc but gee they must be very shallow and insecure.
I advised our supplier where we get our alternative product who in turn advised the manufacturer and he also has advised all his customers.
It is now off my website with a different description.
The thing they don’t reliase that many of our customers buy jars of PEPPADEW (wonder if I can mention that word in fear of legal action) from our local supermarket after having the product on our pizza. The supermarket only ranged it after so many people requested it and they now sell consitently, so yes we may have helped their sales here on the edge of the world, but they have lost us forever.
Gee I really want to phone the Lawyer sent me the letter and give what for, but I guess I’ll just kick he dog instead.
On the upside I got only charged $15 from my web person to make the alterations so where ever our menu is online it stands corrected.
Dave
 
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Richard, the ol’ world traveler who thinks the world is flat (edge of the world indeed !!!)
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WHAT??? Are you saying the world is round??? o_O:confused:o_O:confused: I’m going to have to rethink everything now! I will have to get a lawyer to make sure you are right 😉

This would have turned out differently had the lawyer inquired rather than accused. A simple are you using my clients product? Do you know you are not spelling it the way we do? Could you make those changes for us? Everyone would have won in that case.
 
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That is so insane! Do you think it could have actually been a letter from Peppadew’s competition in an attempt to anger their customers? :eek: BUM BUM BUM
 
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Do the attorneys for this company realize that you are using their actual product?
The way I think this happened is that they thought you were using some other product , and using their trademarked name. I wouldn’t have pulled all references of their product from a nasty letter.
I would contact the company and ask why they don’t want you purchasing their product, and help make it more popular for them. This all seems really ass-backwards to me.
This sounds like the threat letters from the attorneys from the national pork board wanting the label on the fictitious product of canned unicorn meat changed.

http://www.thinkgeek.com/blog/2010/06/officially-our-bestever-cease.html
 
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That is so insane! Do you think it could have actually been a letter from Peppadew’s competition in an attempt to anger their customers? :eek: BUM BUM BUM
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Definitely not. I have read up on this company (Peppadew) and they are fiercely protected of their product and name
 
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GotRocks said:
Do the attorneys for this company realize that you are using their actual product?
The way I think this happened is that they thought you were using some other product , and using their trademarked name. I wouldn’t have pulled all references of their product from a nasty letter.
I would contact the company and ask why they don’t want you purchasing their product, and help make it more popular for them. This all seems really ass-backwards to me.
This sounds like the threat letters from the attorneys from the national pork board wanting the label on the fictitious product of canned unicorn meat changed.

http://www.thinkgeek.com/blog/2010/06/officially-our-bestever-cease.html
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They are fiercely protected of their product and brand and see anyone using the name as a threat to their business. They are unapproachable and do not respond to correspondence.
We actually told the attorneys we were using their clients brand after they accused us of using something else and deceiving consumers. They never asked, just assumed because I spelt it different to their brand name. A prime example of accusing before finding the facts, something I raised with the lawyers but they choose not to respond to.
I repeat what I stated in my original post, Lawyers are ranked lower in trust than 2nd Hand car salesmen, and in Australia that is right down in the gutter. Their actions and ignorance of the facts when laid out to them is testament to this.
Dave
 
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They most likely didn’t respond because they realized their own idiocy in this matter.
I highly doubt there could have been any legal action brought against you for using their product, except for their threatening letter, i’m betting no further action could have been taken.

Did you try communicating with their customer relations people? Then explain what their idiot attorneys did, and further explain that you will no longer be using, or promoting their product because of it.
It baffles me that a company would try to prevent someone from using their product unless the usage was obscene, or seen as detrimental to their image.
 
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I think GotRocks has a point. Sometimes folks misspell brand names intentionally in thinking that they can use something more generic while benefitting from the well-known products good name and high visibility. The law firm likely does a search for close spelling errors and then issues their boiler plate cease and decist letters. If I have a high visibility brand name, I would be PLEASED that users are using that name in add copy or menu descriptions … it’s free advertising and promotion. I think what you have here is miscommunication leading to the loss of a good customer.

One other thought … I’m not sure why you would refer to a trust issue with this law firm. What have they done that wasn’t worthy of trust? They weren’t making up stuff (that would be untrustworthy), but were instead dealing with a user who unintentionally approximated the spelling of their clients product. No harm, no foul … except that a producer lost a customer through poor communications, not through a breach of trust.
 
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GotRocks said:
They most likely didn’t respond because they realized their own idiocy in this matter.
I highly doubt there could have been any legal action brought against you for using their product, except for their threatening letter, i’m betting no further action could have been taken.

Did you try communicating with their customer relations people? Then explain what their idiot attorneys did, and further explain that you will no longer be using, or promoting their product because of it.
It baffles me that a company would try to prevent someone from using their product unless the usage was obscene, or seen as detrimental to their image.
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It wasn’t preventing using the product but the product description / brand name use is what they were demanding the removal from our site etc.
 
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It wasn’t preventing using the product but the product description / brand name use is what they were demanding the removal from our site etc.
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Thats where I think they messed up,
My guess is that they figured that you were NOT using their actual product, but instead just using their trademarked name (albeit misspelled) and trying to benefit from their name recognition/trademark without purchasing/using/giving them credit.

Lets say the brand of ketchup that you used was not Heinz brand, but your menu stated that it was Heinz brand, and that happened to be misspelled too, I could see Heinz corporate attorneys having a hissy fit over the use of their brand name when you are not actually using their product.
I still think the attorneys for this pepper company screwed up, and wrongfully sent out their little “Nasty-gram” to you.
I bet if you were to discuss this with a person who represents the customer service department, and explained what transpired, they may even send you some free product, and promo material.
Heck, We exclusively use Grande Cheese, it’s posted on our menu, we’ve got their promo material all over the place, even decals to stick on pizza carry-out bags that explain we use the most expensive cheese money can buy (or something like that, LOL) They provide these promo items free of charge to us to forward their own brand, not ours.
Heck, you should see the shameless promo material that a beef producer (Creekstone Farms) sent us to forward their brand, because I agreed to go exclusive with them on beef this spring. My walls in here look like a Nascar drivers suit filled with sponsors.
 
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GotRocks said:
Thats where I think they messed up,
My guess is that they figured that you were NOT using their actual product, but instead just using their trademarked name (albeit misspelled) and trying to benefit from their name recognition/trademark without purchasing/using/giving them credit.
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You hit it on the head. They accused us of not using their clients product, passing something else off instead and acting in a manner that would deceive consumers. All this without even asking us in the first place. We have used their product for 8 years.
None the less the lawyers actions cost them a customer and we choose to abide to the demands in the letter (All 4 pages) and move on.
I am totally bemused that they spent so much time and effort, and at a cost to the client far, far in excess of what our 8 year purchases would have been, when a simple courtesy note would have achieved the same result.
Luckily this over zealous law firm doesn’t represent Coca Cola or Pepsi or we would all be undergoing what we have 😃
Dave
 
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You hit it on the head. They accused us of not using their clients product, passing something else off instead and acting in a manner that would deceive consumers. All this without even asking us in the first place. We have used their product for 8 years.
None the less the lawyers actions cost them a customer and we choose to abide to the demands in the letter (All 4 pages) .
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The line that I highlighted is the reason that I suggest contacting their customer service department. For a few reasons actually; To let them know what their lawyers did, and to give them a chance to make up for their lawyers unwarranted threats against you.
If the product has been popular for you, and the company apologizes, maybe they’ll toss some incentives your way to sweep this whole ugly issue under the rug, if not. Then do what many others seem to do, take it to the review sites, maybe hit up some blogs, show the companies attorneys for what they are.

http://www.peppadewfresh.com/ContactFolder/ContactUs.html

I hope you do not mind, but I called peppadew US and spoke to a man named Pierre, I asked if there would be a problem if I used the Peppadew product on our pizza, and promoted the fact that we use it, I told him I plan to use their name on our website, our menu, everywhere. He was glad to hear it.
Then I briefly explained what happened to you, and he said that does not sound right, and is very concerned about it and thinks the attorneys screwed up.
So, give the company a call (language barrier?) and let them know what their crack(smoking) attorneys perpetrated against you, and make a decision from there
 
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Before, I thought that GotRocks and I were on the same page … now I’m sure of it. The Peppadew folks never even knew about your unpleasant experience with their law firm. If you contact Peppadew directly, as GotRocks suggests, I think you will have done both them and you a favor. They don’t want their customers treated with disrespect, and you want to be appreciated for being a responsible business person. Call em. And ask for that guy, Pierre.
 
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I don’t have much to add, but I completely agree with GotRocks and Piedad.

I believe you’d be doing this company a service by calling them. Not only would they not be happy about losing a customer and creating ill-will because their attorney failed to do any actual research, but I imagine they were billed at least a couple of hundred bucks for the letter you received.

I don’t know how trademark law works in Australia, but in the U.S. that a holder needs to actively protect their trademark to avoid losing it. Because of this, I can understand why companies are aggressive. Love it or hate it, that’s the reality of trademark law.
 
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Piper said:
I don’t have much to add, but I completely agree with GotRocks and Piedad.

I believe you’d be doing this company a service by calling them. Not only would they not be happy about losing a customer and creating ill-will because their attorney failed to do any actual research, but I imagine they were billed at least a couple of hundred bucks for the letter you received.

I don’t know how trademark law works in Australia, but in the U.S. that a holder needs to actively protect their trademark to avoid losing it. Because of this, I can understand why companies are aggressive. Love it or hate it, that’s the reality of trademark law.
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Piper. I agree. Companies develop a product, concept etc and Trademark / Patent it and good luck and rewards to them. I have no problem abiding to the the laws pertaining to this.
Unfortunately an over zealous law firm went heavy handed.
We were never asked / told to stop using their product, just the name.
I will write a letter to the company in South Africa with a copy of the Lawyers letter just to let them know how their lawyers act and how it cost them a customer. Guess if they aren’t informed they may not know, just like if our customers don’t contact us a bout a problem and just go elsewhere.
Good input from all here on TT
Thanks
Dave
 
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