Farm To Fable
 

A chef stopped by our farm today. He wanted to see where the great chicories and gem lettuce he had been buying were grown.

The problem is, we have not grown chicories or gem lettuce in over 9 years. Our farm's name is being used by a huge produce seller as a way to market "Small" and "Local" produce.

I had this company remove information about our farm 3 years ago, and I am out of my mind to find that we are now, again on their website fraudulently bolstering their "Small" and "Local" product credentials.

[URL="https://www.facebook.com/Artisan-Seeds-172647249459847/"]Here is the whole story[/URL], including the name of the company, in a Facebook post (see the pinned post). I don't want to post the name here because once they remove us from their website I will take the Facebook post down.

Here, also is a link to a great expose in the [URL="http://www.tampabay.com/projects/2016/food/farm-to-fable/"]Farm To Fable[/URL] trend...

I wasn't very calm on the phone today, when I demanded they immediately remove all mentions of our Farm from their website.

What the heck :x.

Sorry this is happening to you :(

The cynic in me never believes the supermarket packages that claim locally sourced. Especially seafood.

There are so many resellers locally to me. The farmers market is a joke. They don’t even try to hide the boxes with California written on them.

In California, thankfully, farmers' markets are well regulated. The best farmers' markets do periodic inspections of farms to ensure that farms only sell what they grow.

Any weird sticker or strange boxes that indicate you are re-selling can get you kicked out of a market right quick.

No worries about what is happening. After getting ★★★★ed off, it is best just to laugh, and take it all as a weird compliment.

[QUOTE=Nattybo!;684414]What the heck :x.

Sorry this is happening to you :(

The cynic in me never believes the supermarket packages that claim locally sourced. Especially seafood.

There are so many resellers locally to me. The farmers market is a joke. They don’t even try to hide the boxes with California written on them.[/QUOTE]

Reminds me of the Kobe beef scams.
The even have what they call ""American"" Kobe beef now on menus.:))

Worth

I thought a Kobe beef was when Kobe complains about Shaq

[QUOTE=Worth1;684424]Reminds me of the Kobe beef scams.
The even have what they call ""American"" Kobe beef now on menus.:))

Worth[/QUOTE]

I wouldn't have been happy about that either.

I had a couple of pictures I took of Litchi tomato plants that I shared here - The pictures have my hand in them (My two pointer fingers are somewhat unique - they twist at the end from years of laying brick/stone). Someone at a site 'borrowed' and put the pictures on their site. It was irritating, but I let it go. Somehow, it did feel kind of good.

That's nothing compared to someone using your farm name though.

:)):)):))
[QUOTE=Fred Hempel;684425]I thought a Kobe beef was when Kobe complains about Shaq[/QUOTE]

It's trademark infringement:

[URL]https://www.upcounsel.com/common-law-trademark[/URL]

[I]A common law [URL="https://www.upcounsel.com/trademarks"]trademark[/URL] is a type of infringement protection for [URL="https://www.upcounsel.com/intellectual-property"]intellectual property[/URL] wherein the property is used in commerce before it's federally registered. The U.S. common law trademark starts when you use the mark in commerce for the first time within a geographic area. It endures with continual, deliberate use and is shown by the superscript symbol "TM."[/I]
[I]
Business names, taglines, product names, logos, design elements, and sounds used to identify companies are all covered by a common law trademark. [/I]

Sent an email. This is BS. I loathe dishonesty and especially people who take credit for others peoples work.
KarenO

Can you also complain to a state agency? That is fraudulent activity.

Send them a cease and desist letter (free templates can be found online) and register a complaint with BBB. This could stop the behavior or if they continue it will be easier to make a legal case against them.


Sent from my iPhone using Tapatalk

Thanks for all of the suggestions!

Just checked and information about our farm has been removed. That's pretty quick. Within 2hrs of the start of the first business day after I notified them.

Likewise, I just removed my shaming facebook post. Maybe now they can find another farm to pretend to buy produce from.

Facebook shaming better (and faster) than a cease and desist letter?

[QUOTE=Fred Hempel;684505]Facebook shaming better (and faster) than a cease and desist letter?[/QUOTE]

Two wrongs don't make a right. It is possible to construct a shaming post with neutral enough wording to convey the intended point without crossing the (gray and fuzzy) line into libel, but it's not likely, especially when you are angry.

And I think that's a good example of something that would be justified in a moral/ethical perspective in most peoples' minds, mine included, but the law never has a 'well they deserved it' perspective. You are always supposed to come to the court for relief instead of taking matters into your own hands.

Interesting, but if everything I said is true (and verifiable), why should I not state as much.

Isn't that what legitimizes Yelp reviews etc?

You aren't implying that my stating what they were doing was libel, are you?

Next time a Silicon Valley type offers his assistance, you could ask for a bot dedicated to scouring for your trademark names.

In the meantime, we'll be your bots. If we see your intellectual property being used, we'll give you a heads up.

Thanks Gerardo.

I usually find these kinds of things funny, and I don't even try to correct them.

What got me riled this time is that this is a huge company, and I very nicely asked them to stop using our farm to sell produce 3 years ago. What they did was really beyond the pale, in terms of dishonesty.

With regard to Silicon Valley types -- They don't want to offer assistance, they want to buy small hobby farms and ★★★★ away their money, all the while undercutting prices on boutique produce.

[QUOTE=Gerardo;684512]Next time a Silicon Valley type offers his assistance, you could ask for a bot dedicated to scouring for your trademark names.

In the meantime, we'll be your bots. If we see your intellectual property being used, we'll give you a heads up.[/QUOTE]

[SIZE=3][FONT=Garamond][B]It would be wise to periodically check that company's website to see if they start using your farm's name again. If they did it twice before, they're likely to do it a third time.[/B][/FONT][/SIZE]

Truly shameless. :no: I'm glad the facebook gottem this time... Cease and desist letter may have a more permanent effect. It would constitute grounds for you to take legal action if they repeat it once again. You don't need a lawyer to write one, but read up online for the correct way to diy. Not sure if the same as a "demand" letter where certain legal oddities are required - the words "Without Prejudice" have to appear on the page as well as the word "demand" in the letter itself, otherwise it will not hold water.
And then again, unless they can be proven to have damaged you in a way that is quantifiable ($$), you would probably never take them to court at great expense for nothing. :(
So maybe Facebook shaming is indeed the best way. :?!?:

[QUOTE=Fred Hempel;684508]Interesting, but if everything I said is true (and verifiable), why should I not state as much.

Isn't that what legitimizes Yelp reviews etc?

You aren't implying that my stating what they were doing was libel, are you?[/QUOTE]

Good question. Truth is a defense, which most people know, but the problem is that it is an [I]affirmative[/I] defense. That means when you make that claim, the burden of proof shifts to you, That tiny detail makes all the difference, as it puts you, the defendant, in the position of having to prove your innocence, which is usually virtually impossible, and almost always cost-prohibitive as a legal strategy.

Thanks for your perspective.

[QUOTE=Cole_Robbie;684522]Good question. Truth is a defense, which most people know, but the problem is that it is an [I]affirmative[/I] defense. That means when you make that claim, the burden of proof shifts to you, That tiny detail makes all the difference, as it puts you, the defendant, in the position of having to prove your innocence, which is usually virtually impossible, and almost always cost-prohibitive as a legal strategy.[/QUOTE]

Well amidst all the negative in this, and I would be angry too, I must say, Kudos to that Chef. I hope you asked him/her where they cook so you can also give a recommendation to anyone interested in where they can find true farm to table food by a Chef who verifies the information personally. It also goes to show you that there are some out there trying to do it right, and they are worth supporting.

Send them a bill for the stuff they claim to have used from your farm.:twisted:
Worth

This Chef that showed up...did you tell him to go tell the other chefs what happened here today?

Fred, that must be infuriating. I have been absent from this site for a couple years, but your posts have brought me across the country to the southwest tip of Oregon in the Siskiyou National Forest. I missed the mailing, and have 60 plants in the ground including your famous Orange Jazz. I have 2.5 acre plot with a semi established orchard. Thank you for all the knowledge and wit you bring to this board.

[QUOTE=Jonnyhat;770779]Fred, that must be infuriating. I have been absent from this site for a couple years, but your posts have brought me across the country to the southwest tip of Oregon in the Siskiyou National Forest. I missed the mailing, and have 60 plants in the ground including your famous Orange Jazz. I have 2.5 acre plot with a semi established orchard. Thank you for all the knowledge and wit you bring to this board.[/QUOTE]

Thanks Johnny

This is stuff I don't sweat anymore.

[QUOTE=Jonnyhat;770779]Fred, that must be infuriating. I have been absent from this site for a couple years, but your posts have brought me across the country to the southwest tip of Oregon in the Siskiyou National Forest. I missed the mailing, and have 60 plants in the ground including your famous Orange Jazz. I have 2.5 acre plot with a semi established orchard. Thank you for all the knowledge and wit you bring to this board.[/QUOTE]
I too have learned from Fred and Dr. Carolyn and Others, just by reading their posts. We the 'Small Farmers" are Blessed by Tomatomoville Professionals over the years, Amen!!!!!