Farm To Fable

Fred Hempel · February 19, 2018

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.

Here is the whole story, 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 Farm To Fable trend...

Fred Hempel · February 19, 2018

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

Nattybo! · February 19, 2018

What the heck

.

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.

Fred Hempel · February 19, 2018

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:

Originally Posted by Nattybo!

What the heck

.

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.

Worth1 · February 19, 2018

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

Worth

Fred Hempel · February 19, 2018

I thought a Kobe beef was when Kobe complains about Shaq

Quote:

Originally Posted by Worth1

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

Worth

rhines81 · February 19, 2018

Quote:

Originally Posted by Fred Hempel

I thought a Kobe beef was when Kobe complains about Shaq

Cole_Robbie · February 20, 2018

It's trademark infringement:

https://www.upcounsel.com/common-law-trademark

A common law trademark is a type of infringement protection for intellectual property 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."

Business names, taglines, product names, logos, design elements, and sounds used to identify companies are all covered by a common law trademark.

AlittleSalt · February 19, 2018

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.

KarenO · February 20, 2018

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

PhilaGardener · February 20, 2018

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

nbardo · February 20, 2018

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

Fred Hempel · February 20, 2018

Thanks for all of the suggestions!

Fred Hempel · February 20, 2018

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.

Fred Hempel · February 20, 2018

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

February 19, 2018	#1
Fred Hempel Tomatovillian™ Join Date: Dec 2010 Location: Sunol, CA Posts: 2,723	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. Here is the whole story, 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 Farm To Fable trend...

February 19, 2018	#3
Nattybo! Tomatovillian™ Join Date: Mar 2011 Location: Maryland Posts: 272	What the heck . 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.

February 19, 2018	#5
Worth1 Tomatovillian™ Join Date: Feb 2006 Location: Den of Drunken Fools Posts: 38,539	Reminds me of the Kobe beef scams. The even have what they call ""American"" Kobe beef now on menus. Worth

February 20, 2018	#8
Cole_Robbie Tomatovillian™ Join Date: Jun 2012 Location: Illinois, zone 6 Posts: 8,407	It's trademark infringement: https://www.upcounsel.com/common-law-trademark A common law trademark is a type of infringement protection for intellectual property 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." Business names, taglines, product names, logos, design elements, and sounds used to identify companies are all covered by a common law trademark.

February 19, 2018	#9
AlittleSalt BANNED FOR LIFE Join Date: May 2014 Posts: 13,333	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.

February 20, 2018	#10
KarenO Tomatovillian™ Join Date: Oct 2012 Location: Vancouver Island Posts: 5,931	Sent an email. This is BS. I loathe dishonesty and especially people who take credit for others peoples work. KarenO

February 20, 2018	#11
PhilaGardener Tomatovillian™ Join Date: Jan 2014 Location: Near Philadelphia, PA Posts: 1,940	Can you also complain to a state agency? That is fraudulent activity.

February 20, 2018	#12
nbardo Tomatovillian™ Join Date: Jan 2018 Location: St. Louis, Missouri Posts: 78	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