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Yankee Doodle Came To Town

Village Chandler Marketplace | Marketing and Business Presentation SIG | Candlemaking Best Practices

Click to see the full-size image...trade-show-026_tn.jpg 18.4KAfter years of hearing from many of my colleagues that they had received cease and desist letters from Yankee Candle's lawyers, I felt rather discounted by the candle giant for omitting me. It felt kind of like they didn't consider me to be any competition I guess. But today, that all changed. It appears their attorney, Sarah Rollins, surfs the internet looking at candle sites for the sole purpose of picking up violators of the trademark laws. They're making way too much money if that's how they can best spend it.

But the good news is that Yankee is worried about the splash I am making in the candle market. I got my cease and desist letter today. It seems they a get a bit ticked if you use any of their trademarked fragrances like Christmas Eve, (I thought that belonged to all of us), Christmas Cookie, White Christmas, ( I thought that belonged to Irving Berlin), Mid Summer Night's Dream, etc.
Although I use many of their fragrances, White Christmas is the only one I use that I did not change the name. I call Mid Summer Night's Dream, Ladies Night Out (compare to Yankee Candle's Mid Summer Night's Dream), etc. So White Christmas is (was) my only violation of the trademark laws. I took it off the site today since I discontinued the fragrance 6 months ago.

I have no point to make here. I just figured most of you would find this an interesting read. I am sending their form back agreeing to cease and desist. I am also sending a letter thanking them for their vote of confidence in my company. (If I was making junk, they wouldn't have bothered.)

All in all, I am glad to finally get Yankee's admiration and it is fun knowing that I was the topic of conversation there, even if just briefly. I am now off the porch and officially "running with the big dogs."
I might also point out that since I make soy candles and Crankee makes only paraffin, I may not be in violation of their trademark. It would be costly to iron this out so I am content to continue to say "compare to Yankee Candle's whatever scent.

Patents, Trademarks, & Copyrights

The following is a letter I wrote to Yankee Candle in regard to Trademarks. We try very hard to avoid legal issues, so I always do my homework before releasing or naming a new product.

-----------------------------------------

Yankee Candle Legal Department
info@yankeecandle.com

I am writing to get some clarification on a Copyright issue. We would like to avoid any legal issues with Yankee Candle so we want to make sure that we can use certain scents and candle names with out repercussions.

Several of your candle show ® or ™ like MidSummer's Night® and Pineapple Paradise™. Does your copyright cover:

• candle name
• name, color combination
• name, scent combination
• color, scent combination
• name, color, scent combination

or some other combination? We ask because we were looking to name a new candle Mid Summers Night Dream. It would be a different color and scent than your MidSummer's Night®, would this infringe on your Trademark, and if so, how?

I am assuming that the fact that Yankee Candle uses paraffin wax, and we use soy wax is irrelevant, because a candle is a candle regardless of what it is made of, correct?

One last question. You show Storm Watch® as a Registered Trademark. We purchase some of our scent from a company called Bitter Creek, and one scent is Storm Watch. We know that Bitter Creek is a wholesale distributor, and they purchase their fragrance oils from a manufacturer, so do you license this scent to the manufacturer, or are they selling it illegally?

Thank you for your help on these issues.

Bob Sterenberg

-------------------------------------------------

The following was their response.

-------------------------------------------------

Dear Mr. Sterenberg,

Thank you for your inquiry regarding our trademarks. I appreciate that you have taken care to ask before using any of our fragrance names.

In answer to your question, trademarks cover the name and the goods on which the name is used. You may not use one of our trademarks on the same goods for which we use the name. Midsummer's Night Dream is too close to our trademark Midsummer's Night ® because the first two words are identical to ours. You may not use that name for a candle, but you are free to use the name on any product for which we do not use the name, nightgowns, for example.

In answer to your final question, we do not allow others to use our fragrance oils. You should be skeptical of someone who claims to be selling the same fragrance oil that we use in our candles.

-----------------------------------------

Business law was an important aspect to my education while in college, so I already new what Yankee Candle’s answers should be, their answer was what I expected, I just wanted to make sure Yankee Candle was interpreting the law the same way I was. Again, to avoid litigation.

So to clarify, any candle name that is the same as Yankee Candle or any candle makers trademarked name, regardless of the scent, color, candle wax, or candle style would be infringing on another’s trademark.

More information regarding patents, trademarks, and copyrights can be found at http://www.uspto.gov/ you may also feel free to contact me. I am by no means a lawyer, nor do I claim to be, but I can at least help point you in the right direction to ensure you get your questions answered and avoid being sued.

Hope this helped.

Bob & Carol Sterenberg
American Harvest Candles, LTD.
Star Lily Brand Innovative Soy Products

chandler@americanharvestcandles.us
www.americanharvestcandles.us

Congratulations... I guess ;-)

Hey Tech Chair Brian!

What a nice 'reverse barometer' measure of how you are doing! Anyone who attended the First Continental Congress and saw Brian and Terry's display in the Guild Member Trade Show will know what why Yankee is shakin' in their boots! ;-) [ You'll also know why Brian was elected the Craft Chair of the Table of Twelve.]

As we eventually get our act together and the Guild becomes a significant brand, such pin-pricks will take on new dimensions. It's good to know what we have in store for the future.

QUESTION: Who else in the Guild has been ceased and desisted?

--Sohodojo Jim--
Biz Chair of the Table of Twelve

Ceased and Desisted

Well, not for using a Yankee name, but for using the words "soy wax"...

Quite the buzz going around from the Mabel White/ER Wooley Corp sending cease and desist emails for using the term soy wax in relation to making lip balm or any product that warms? But they are emails, so probably not to be taken too seriously yet!

I know of about 30 candlemakers who've been asked to C&D their use of "soy wax" or be faced with a lawsuit. Its funny finding out who is pursuing this lawsuit. The woman has a rapsheet a mile long.

Anyway, congrats Brian & Terry on your C&D from Yankee! It does show you're making your mark in the candle world!

Amanda
Alight Soy Candles

Her name is Deborah Dolen

Fellow Chandlers, Deborah Dolen is an interesting read. Do a search for Deborah R. Dolen and see what comes up. She is also listed as Martha White. She is claiming to have the rights to the words "soy wax" and has applied for a trademark via the US Patent and Trademark Office.

Soy Wax

Greetings all!

This is what I got off the SoyClassicCandle Website -

THE TRUTH ABOUT THE SOY WAX TRADEMARK
Since we have been inundated with emails and calls about this latest development, most of which contain mis-information and/or flat out bold face lies, this is the official response to the entire trademark issue:

We (www.mabelwhite.com & www.soyclassiccandle.com) own the trademark and that is not an issue, whether or not we are "registered." Cargill owns the patent, period. We are not out to hurt crafters and/or chandlers by ANY means of the word. But to answer some of the questions, Apple and McIntosh are just a few examples of items of nature that are trademarked. We are trying to LOWER the price of soy wax by buying more from Cargill and in doing so we must get rid of the people selling total junk (doughnut oil) that drowns your candle and gives Soy Wax a bad name. Many of the companies out there are selling junk, and can do so at 1/2 the price, because it is junk. D. R. Dolen has written 22 books on the subject and Scott has Ewe R Wooly, another ethical company up North that is also dedicated to preventing soy wax from having no real definition and a bad name. It is MUCH better that we get the trademark than some greedy people who just want to corner the market. That is NOT our intent. Someone was going to get it sooner or later. But Cargill does own the patent, it does work the best out of all and our goal is to lower the price. It is hard when we compete with pizza dough or doughnut oil people.

In short, we are attempting to ensure that anything that is sold under the name Soy Wax is, indeed soy wax, not some conglomeration of random vegetable oils that may not even be soy based.
We are not attempting to 'corner the market' on sales of soy wax as many people have been spreading via emails and forums/BBS's, we are attempting to strengthen the integrity of the soy wax namesake by trying to ensure that anything labeled soy wax is, indeed, soy wax. We are in no way attempting to FORCE people into buying soy wax from just our comany(s), that is just an example of one of many things that have been made up and posted on the internet.
If you have any further questions regarding this issue, feel free to give us a call toll free at 866-879-6659, we would be more than happy to dispel the mis-information that has flooded the internet over the weekend.

As for a search on Deborah Dolen, I only found 1 negative thing in the first five pages on a yahoo search. The FTC closed down their paralegal business because they had false advertising or something on those lines. Basically they said that their paralegals make up to $200/hr and got in trouble for it. At least that's what I got out of it. I guess their companies were unlucky in the fact that these people actually reported them as a scam but maybe they weren't. There are so many "work-from-home-but-pay-me-first" programs out there, it's hard to know what is real and what is scam, IMHO. As for the trademark issue, I don't know much about it as this is the first I have heard about it and I am going to do more research on all of it to get down to the bottom of it. I'll keep this list updated as to what I find.

Life & Light!
Tish W.

www.geocities.com/sunshinesundries ~*~*~ Site is up but still under construction ~ items in production * I hope to see you there soon! ~L~L~L~L~

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