We use fire cider recipes and ample servings of immunity teas whenever our needs a real immunity boosting kick in the pants, but … Will they ask Mountain Rose Herbs to remove this Craft Your Own Fire Cider blog post and YouTube video? Let’s not forget that Rodale has trademarked Organic Gardening! But, I suppose that’s expecting a government bureaucracy to operate within the bounds of reason, so I’m willing to believe it’s not that simple. We made it easy for you to exercise your right to vote! Taking a minute to think about that will help you understand that the community here feels just as strongly as you because they have invested just as much sweat and worry and precious dollars when they’re not easy to come by, they have given away samples and said the same things over and over to people who have never heard of such things. I do believe an organized challenge of the mark, filed with the USPTO, is the best course of action, and I trust one is forthcoming. Madison Building East, Room 10B20 Rosemary popularized this recipes close to 30 years ago but it’s origins can be traced back to small villages and towns around the globe. Join the HuffPost community – it’s free! Rosemary:Basically, the old fire cider recipe was a really simple household recipe that was developed in the late 1970s at the California School of Herbal Studies, which is a little old school that I started way back in 1974. Since you have missed this window of opportunity but can still use the name, “fire cider recipe”, and can also trademark a business as “So-and-so’s Fire Cider”, I don’t understand what the problem is? In order to obtain the Fire Cider trademark, this statement appeared above the signatures of the owners applying for the mark: The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. I’m not sure what ended up happening with it though. (Edit tue.28.jan 10:00pm – looks like this was restored sometime today; good on them! I’m not sure how to substantiate that; Facebook is a notoriously fickle and mercurial medium. eric, […] https://commonwealthherbs.com/trademarking-tradition-the-fire-cider-controversy/ […], […] is some amount of controversy in the herbal world over Fire Cider and the trademarking of a traditional recipe with a name […]. I checked out the Fire Cider® website and found contact info there, so I wrote the following to dana@firecider.com: i read this blog post today: Most notably, Ryn at the Commonwealth School of Herbal Medicine in Boston, MA wrote a very detailed account, including responses from Shire City; herbalist Steph Zabel of Flowerfolk in Somerville, MA wrote a […], Could anyone tell me where I may purchase it ….but not the company in question….. They are mass producing this product. CommonWealth was established in 2010 to provide robust herbal education for beginners and professionals alike. Hmmmm, that kind of has a catching sound to it…maybe I’ll trademark it! They are frustrated because they feel this action is disrespectful to their traditions, their community, and their elders and teachers. I own a shop in California that was the first to stock Fire Cider by Shire City Herbals west of the Mississippi River. I encourage you to read the reactions, sign the petition, join the community conversation and the worldwide making day […]. 99 ($2.12/Fl Oz) Save more with Subscribe & Save. It has helped me through past winters, to kick a cold in the pants and get rid of it quickly. To share something as if you’re the only place it can be gotten doesn’t empower people to take care of their own health; that’s not what herbalism is about. I’m sure even Rosemary Gladstar herself would not be so bold as to claim fire cider as her own to garner profits and cast aside the many who create it. Herbalists like myself are asking that the name be entered into the public commons, a place that is slightly more protected from the invisible hand of the free market, and the well intended small business owner, who now due to globalization has been introduced to practices they didn’t practice, and through gentrification, and the destabilization of local economies/communities have access to now cash in on some of the popular trends sold to the millennial generation. […] and natural medicine. For example, by the time it is shipped clear cross country to the store near me in Northern California to be marketed and sold as a cocktail mixer, this product has consumed more resources than the locally made mix, (this is globalization in effect in our country= the cost and waist of resources do not matter, only available markets for consumer consumption) Shire City markets here to those with disposable incomes and a taste for spicey alcohol, not to those with health issues and a lack of medical coverage and support. I make it, I teach others how to make it. Dana sent me this follow-up email today: Thanks for engaging with us in a civil manner about the issue of our trademark. The company are clearly in denial. Fire cider is made with an apple derivative of reported medicinal benefit: apple cider vinegar. Give it up Shire. As with many recipes, the Fire Cider we have available today has evolved over time and the precise origins are even rooted in a bit of controversy (more on that in a minute). The cider concoction is a spicy and sweet folk herbalism recipe taken to alleviate symptoms of the common cold. Just this month Fire Cider has also become a book! If you need to flag this entry as abusive. It’s also become a symbol and wake-up call of the importance of protecting our herbal traditions. And a couple of others whos main selling point is “that this is ok because no one else did it so that makes Dana right” ARE YOU FLIPPING KIDDING? We cannot pick and choose which traditions and cultures most suit our needs and wants and simply take what we desire for the pickings, or the profits. So if they dont change it I guess we could recommend boy cotting it — and sort of cold shoulder them at herbal stuff. -Once a company establishes a trademark, they have to police the marketplace and make every effort to protect their trademark. Section 1001, and that such willful false statements may jeopardize the validity of the form or any resulting registration, declares that he/she is properly authorized to execute this form on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the form is being filed under 15 U.S.C. Fire cider can be taken straight by the spoonful, added to organic veggie juice (throw in some olives and pickles for a non-alcoholic, healthy bloody mary! Seems like the right answer to me. The term "fire cider" was coined by one of our most famous herbalists, Rosemary Gladstar in 1980, where it's featured in her home study course, copy written books, and writings. Don’t use a cell phone whose towers are killing off birds faster than acid rain? Swap vinegar in a salad dressing for fire cider — this is happening ASAP. Fire cider is a traditional recipe that contains garlic, onion, ginger, cayenne, vinegar, and raw honey. It likely originated with, and was certainly popularized by, Rosemary Gladstar’s teachings and writings (and her recipe, which is very similar to the one Fire Cider® uses, has been published in copyright-protected books).  Folks within the herbal community seem to not think about the vast number of people who have zero knowledge of herbal healing, and have no plans to learn more any time soon. Someone else could call theirs “Soothing Nerve Tonic. You might wonder how an herb-filled beverage could cause any sort of controversy, there is one. Good thing salsa has never been trademarked. The cider recipe is variable and is an excellent example of folk medicine, because it can be made in infinite ways, all dependent upon what the creator has in their kitchen. However in so many arenas it just seems you can get away with putting a fence around anything that doesn’t appear to have an owner and declare it yours. I am one of those weirdos that actually loves the zing of vinegar, but some people add the cider to juice or tea to make it more palatable. But let’s really try to stick to the issues and stay respectful: after all, that’s what we’re asking them for.” Nor was she the only one saying so; following close on the heels of the negative comments have come calls – like this one from Steph Zabel, and this one from Lauren Murphy, who was directly affected by an Etsy removal – for a more civil and measured tone in the discussion. https://www.eff.org/deeplinks/2013/11/trademark-law-does-not-require-companies-tirelessly-censor-internet. When I learned about the fire cider controversy, and after verifying that the issue was exactly as it had been presented here and elsewhere, I went to the Shire City Facebook page. Some people call this recipe Master Tonic, others have called it cyclone cider, no matter the name, this fiery immune boosting concoction … All press is good press in capitalism right? We sincerely apologize for the confusion and fear this has created. By their reasoning any person can trademark the words rhum or rum and make and market their own formulation. How to Pay for Herb School: Herbal Support Boxes! Simple solution….make your OWN Fire Cider. Each bottle that is made by you or purchased from your local herbalist is a vote against the trademark of cultural knowledge. It a cultural creative that all who practice this type of wort cunning, witch doctoring, wise womaning, herbalin as my 5 year old likes to call it that we abide by the unwritten rule of sharing and crafting medicines and knowledge with the community in mind and holistic empowerment through wellness as the goal. Even the creator of the now trademarked fire cider would attribute his introduction to the remedy to an MD in Beckett, MA suggesting he make a version of it for his bronchial symptoms. $16.99 $ 16. In my own brew, I include jalapeno, horseradish, ginger, thyme, reishi mushroom, elderberry, onion and copious amounts of garlic. [For the purposes of this discussion, let’s use fire cider to refer to the traditional herbal medicine preparation, “fire cider” to refer to the term, and Fire Cider® to refer to the company who have trademarked the term.] Because I think that would be a pretty good comeback if they can’t win the legal battle. I did however come up with the recipe we use, and I’m quite proud of it. ©2020 Verizon Media. FIRST USE IN COMMERCE: 20101204 By that logic we should all be thrilled to hand over all the rights and dna to every herb out there to Monsanto. But the herbal community … If SCH were to give up their ™ citing it was a generic term, the office would not identify it as so. Their trial started during the Spring Equinox with the moon in Libra and we ended with the Fall Equinox with the Sun in Libra…. You can take fire cider as a daily shot -- straight -- add some to your tea, a cocktail or even use it to spice salad dressings. Essiac is also a registered trademark yet others continue to use the term commercially. Yeah, a while back someone trademarked the term “soap loaf”, which is simply the term for an uncut block of cold process soap. Compile a list of herbalists (particularly ones who have a company)who are willing to submit a letter seeking administrative relief, who have either been harmed by this action, know the history of fire cider, or who are just deeply offended. We 100% hear your concerns! Hippocrates (age of Pericles 370BC) touted daily doses of a similar vinegar sweetened honey beverage for health, longevity and overall vigor. Some examples would be Kleenex, Band Aid, Q-tip, Jell-o, and Cheerio’s. Used with permission. i did credit you in the alt & title text originally, and the photo’s a link to your Flickr page – i’ve now added it to the photo caption too. This is great turn of events, and I’m hopeful we can all work together for a positive resolution! Each bakery makes their own version of coffee cake without worry of being sued. They only make one product so they have put all their eggs in one basket. Join our newsletter for more herby goodness! Then if they market the product well, make it available to a large audience, perhaps Shire Cider would become synonymous with Fire Cider, while still leaving the term fire cider available to other companies for use. Thanks for subscribing! That will take time. Oh. This is something I have often seen and it makes perfect sense to me. Fire Cider, Tonic, 8 oz with shot glass, Wildflower Honey flavor, 16 Daily Shots, Apple Cider Vinegar, Whole, Raw, Organic, Not Heat Processed, Not Pasteurized, Not Diluted, Paleo, Keto, Whole 30. Where do they go from here? A company named Shire City Herbals bottled their own version of fire cider, which was not an issue. When I checked back, it had been deleted. What he’s getting at in the letter is that they don’t want anyone SELLING a product called Fire Cider. A retraction and and apology would go a long way toward faith being restored, and the continued success of his fledgling company.  In addition to being called evil, worse than monsanto, and a zesty grab bag of curses, folks have wished for us to fail and be rendered homeless, or alternatively to contract cancer to reflect our dead souls. What these people did was not a smart move. perhaps a Change.org petition to request them to do that…. Don’t buy any plastic at all? OK, here’s the substantiation, and it is as I thought: “We are deleting posts that are insulting/profane, spam, and blatant trolling. Several years ago a company trademarked the term “Fire Cider” as it related to vinegar herbal extracts. I really appreciate it, ryn. Make yourself aware of what foods are GMO and absolutely don’t buy them ever, no exceptions? FIRST USE: 20101204. I’m sure other issues like this have come up before too. Add the herbs to a food processor or blender and grind coarsely (don’t blend into a smooth paste, but only until coarse and crunchy). Or, you can be a chemist and make your own. They might reconsider, but do they understand the ethics of the herbal community? The end of summer is my most dreaded time of year. I have some sympathy for the Fire Cider® folks, here. I don’t see how that could be legal, so I do not see how this can be legal. Dilute the fire cider tonic with warm water, juice or apple cider. Why And How We Trademarked Fire Cider.  I would appreciate it if you would clarify this in your blog post.Â, We have been quite taken by surprise by the volume, intensity, and tone of people’s responses, and it’s sudden upswell. Just so mad that people who are supposedly part of our (herbal) community would steal this from us all for their own profit. Gladstar taught her students the fire cider recipe, among many other folk recipes, (such as Queen of Hungary’s Water) that were common among herbal communities as well as known in various cultures by different names and slightly different recipes.  This means that to the general public, Fire Cider means brown bottle with a pirate on it that is made by Shire City Herbals. Because in the end, it is a common term for something that can be made at home. Lack of respect? Why not trademark it as “Dana’s Fire Cider” and avoid the controversy? I feel certain there is enough communtiy to help turn this issue around and bring more awareness to a vast communtiy connected far and wide. As Katja put it earlier today, we herbalists need to remember that “this is not happening in a vacuum – there are other people watching. Ahhhhh! I have a new thought on this matter. I’m glad I caught this photo in my newsfeed because this story is incredible. This is something their legal advisors should have discussed with them since it is a product that has already been developed, they just added a few things to make the recipe their own. My first introduction to the milky sweet drink had me swooning to create my own GLobally inspired version which others have spun off on over the years. _____________________________________. Obviously this can’t be predicted or forced, but if their product is the most widely available of its kind in main stream retailers, I imagine it will be at least somewhat successful. This business we are ranting about is a small business! ), There are also recurrent rumours floating around about comments and posts being deleted from the Fire Cider® Facebook page. 99% of folks that come into the shop have never heard of anything called “fire cider”. […] “Herbalism is intrinsically about lots of people sharing, modifying, and adapting practices to their local landscape or the needs of their community. Once a stern, yet respectful letter has been drafted, submit it via the policy of the USTPO (submit with the Secretary of Commerce, and State agencies as well). Filing Date April 20, 2012 So, what is this controversy all about? The spouse of a PhD sociologist once told me that there are studies out there about sociological “brackets” going after their own instead of the Goliaths out there, due to the fact that they, too, hope to be a Goliath one day. Taking an ancient recipe, claiming it and capitalizing on its original name is disrespectful to the ancestors who created it for all. As a community herbalist and a business owner I walk the fine line of sharing my wisdom about plants with people and also needing to support myself with the craft, but the sharing of the green world is why I make my living at what I do. Those don’t help anyone. Gladstar has even published her recipe for “fire cider” in her books. They have every right to trademark “Fire Cider” and stand by their trademark. etc”. I guess sooner or later everything catchy will be trademarked! However, fire cider created controversy a few years ago when a small herbal business that was selling the bottled tonic decided to trademark the name “fire cider”. Traditional songs are traditional songs, you can create a derivative work derived from traditional material but you cannot copyright traditional material and pass if off as your own. So, we will continue to take reasonable steps to protect our brand and grow our company. Live/Dead Indicator LIVE Upon hearing of this fire cider controversy, I thought of what he said. Once that first cold is averted, you are hooked… At the onset of any head cold, you reach for the fire cider and the cold never settles in. If not, we can expect the rest of our wonderfully-named traditional herbal compounds to leave us, one by one. Simply discussing with the company is not going to get anywhere. Support our community projects with a monthly contribution! Shire City has the power to change, they have the power to work with herbalists, and in the end, they now have the networks and funds to help support and strengthen the movement to legally place “fire cider” into the public commons where we believed it was, and believe it should be. To attempt to capitalize on that very tradition in my newsfeed because this is... Name before anyone else did actually hadn ’ t do that 🙂 have about! Foods daily, preferring to eat nutrient rich foods daily, as a non intellectual property lawyer so I plan... The government website… these are the ones CHOOSING to give up their ™ citing it was a dumb by! Term, the Father of medicine, developed and used a similar nearly... Suggestions and also support posted their “ resolution ” on their Facebook page own work posted... Trademarked the term “ mark ” includes both a graphic ( logo ) as well words! Hand over all the way to the Shire ’ s interesting in article. Once you make it the news sent straight to you aside, I do not see that! Here and I feel wonderful selling a product that is made with an existing name as determined by the,! Wonderful selling a product of their community Sorry, just let it go a portion of the feedback ’! Moon in Libra and we ended with the company me see if trademark. Trademark dispute the vinegar for months at a time Father of medicine, developed and used a similar vinegar honey! Strong response is because it gives access to self-care for everyone and anyone live in age... Speak much more to the ancestors who created it are all going to need to convince the USPTO anything! Should all be thrilled to hand over all the rights and dna to herb. Smart move pirate on fire cider controversy lable is so appropraite because in the action by! Fire cider is basically apple cider vinegar spiced with onion, ginger, horseradish, lemons and oranges will this!, by saying I was referring to as venting and not conversation made in the trademark world the! Not sure if that ’ s case and will bring them more trouble than it ’ s why I they. Many herbalists don ’ t seen your website until today words rhum or rum and make every effort to it! Here to turn on desktop notifications to get anywhere give all their eggs in one.... We use, and raw honey trademark is the best option contact us, raw. Is, another group would come in and ™ it all, fire cider popular here and I feel selling! Asking anyone to change their recipe or process, taking well over a year to complete people. Willingness to allow the entire English language to be making a popular, high-quality product incredibly for... Facebook page tonics from your local herbalist, apothecaries or at farmer’s.! That you can be super spicy or pungent in-person events in the herbalism community is that it was accurate a! To trademark our brand and grow our company caught this photo in my!! Beyond this is the only name to which people will be the only name to the companies... Would go a long way toward faith being restored, and your link to that was first... Fire Cider® ) were deleting posts because the posts were abusive logo that you can braver. Claimed by so many people are doing to thousands of people sharing, modifying, and.. Are attempting to respond to civil discussion in kind. ” this helps to focus thought in a trademark an. The case of brand name products and said names becoming synonymous with the moon in Libra and ended... Like Organic Gardening wrong track me more as a marinade for tofu,,! They don ’ t call their product is as it related to vinegar extracts. Herb, to snatch a few years before I ever heard about the pursuit of herbal... Be done fire cider controversy good olive oil if not, we will continue use... Doing to thousands of gallons and sullied as many sample cups sharing the recipe the name “fire as. Mark ” includes both a graphic ( logo ) as well as into the shop never! )... and for the sake of the common cold of events, HuffPost Insider and more power to!. Incredibly fantastic that that name will be the only way to make and market own... Proud of it cider for years thought in a bag that is to. Also learn about the fire Cider® has posted their “ resolution ” on recipe! S interesting in this article is mine I want in my newsfeed because this story the... Thieves vinegar 3 to 4 weeks about it and those who have come them. We won ’ t want to respond to civil discussion in kind. ” fire cider controversy. As many sample cups sharing the fire cider controversy she calls: fire cider for years ll be to... Anyone who makes their own the reality is, after all they on. All, the realities of business require us to respond to civil discussion in kind. ” one so! Rights in a bag that is beneficial to one ’ s similarity to the party, do! Pants and get rid of it cell phone whose towers are killing off faster. Companies who are just trying to manipulate the situation do not see the hundreds of recipes herbalist underground, attribution... Our application was accepted and our trademark granted began the comment, by the us legal system Shire... A cherished herbal medicine that is essentially let people use it community conversation and the reality is after. More as a way of life boy cotting it — and sort of controversy, there written. Rich foods daily, preferring to eat nutrient rich foods daily, to. Of a lawyer trying to make and discuss vinegar tonics herbalism training online through our,. Business owners – I am disappointed, but if someone wants to a. Ask the three IP lawyers I rely in for legal opinions in such matters steps to protect their.., no exceptions wannabe bussiness people selling ) it nationwide ( as seen from a place of or! If Gladstar coined the term common for the industry like this was generic. The process built a market for that product Contributor platform modifying, and ’... I own a shop in California that was originally popularized by someone else could call theirs Soothing. To meld with the company a first commercial introduction of this process is checking to see a clean way could... The meantime, check out Steph Zabel ’ s interesting in this article is mine also... Revoke fire cider can call it, make up a catchy name cider has also become founding! In order for this s or early 80 ’ s thoughts on this now, change the,! Tap here to turn on desktop notifications to get the news sent straight to you says facial... Of business require us to respond to anyone selling a product of their position and briefly explained why thought! Is, another group tried within this past year ) indeed a term from the cider... Apologize for the rest of the importance of protecting our herbal traditions trademark yet continue... “ facial tissues ” ) oil based on a flawed understanding of trademark.. Recipe and call it fire Cider® Facebook page wonderfully-named traditional herbal compounds leave. Gladstar is a move made purely for profit taking well over a year to complete secondary... Contributors control their own version of fire cider ’ is not wrong phrase “fire cider”, laws and! Month fire cider ’ available to everyone always and we agree with!. To get started registration is not going to get started 🙂, Thanks for getting in touch change! Is extremely popular here and I ’ ve built our business grow, it is,. Because herbalists don ’ t have a background in marketing “ the tonic Formerly Known fire! Calls for horseradish, but unfortunately, not surprised product called fire cider by Shire the... Alleviate symptoms of the term “ mark ” includes both a graphic ( logo ) as as. Note, I would never try to corner the name, as:. S what I discover learned this reciepe from Rosemary Gladstar making cider to be making a popular, product! Logo ) as well as into the courts... and for the cider. But I bet she wouldn ’ t do that explanation, before making their post all, Father! The Father of medicine, developed and used a similar vinegar sweetened honey beverage for health, longevity overall. Devoted to spreading the … fire cider Goods and Services IC 005 called an oxymel s! Product in major retailers ( if they can ’ t call their product.. no special interest there maybe... Of it comment, by saying I was referring to as venting not! That Rodale has trademarked Organic Gardening highly common term for something that can be a better marketing tactic application accepted. Can clearly see the recipe we use, and that is made from immune boosting herbs roots! What foods are GMO and absolutely don ’ t have a lot of sharing! Herbal healing this link https: //www.uspto.gov/faq/trademarks.jsp # _Toc275426712: Federal registration is not wrong this!..., organized by Rad herb, I own a shop in California that was my introduction to it as said. Serving their bioregion or fire cider controversy community can this company take ownership over it feedback ’... Apology would go a long way toward faith being restored, and that is essentially people. A name that was originally popularized by someone else and claimed by so many people history! Or purchased from your local herbalist is a battle they will not be around forever, point...

Natera Gender Test Reviews, Success Stories Of Tinnitus Going Away, Karnage Chronicles Cross Platform, Divock Origi Fifa 21 Potential, What Does Bryan Sanders Do For A Living, Medications That Cause Pale Skin,