Defend our business fund
We've been operating Vermont Cowgirl here in our home state of Vermont for more than 5 years - making locally sourced soaps, soaks, body butters and lip balms and worked hard to establish name recognition for our local products.
Today in our inbox: a cease & desist letter from a lawyer in Colorado, representing a Colorado business making lotions under the business name of Rocky Mountain Natural Labs, LLC. They want us to cancel our existing trademark for Vermont Cowgirl because they apparently sell some of their lotions as "Cowgirl Cream".
What makes their demand so heartbreaking and ridiculous is that they claim that the "Vermont" in "Vermont Cowgirl" is the less dominant portion of our name. Well excuse us - one look at your website, blog, Facebook or Instagram shows that we're all about Vermont. We proudly do everything to use locally sourced ingredients, are stoked to work with local vendors and proudly say that VERMONT is by no means the less dominant part of our name.
It's pretty apparent that they're the bigger company. It's pretty apparent that they have more funds that us. It's pretty clear that they plan on leveraging this against us in hopes that we don't want to spend the time or money to go the distance. Well, they're wrong. Dead wrong.
While defending a long, drawn out legal process is not something we wanted to spend the next couple of months/years with, we don't like bullies, we don't like being bullied and we sure as heck want to show these bullies that they can't just make a claim and then expect the little guy to roll over.
So we created this little fund for our legal battle against "Goliath". This week, we'll be meeting with our attorney and outline the next steps.
If you have the money to spare, we would SO truly appreciate it as your support means the world to us and we honestly can't do it alone. If you can't spare the money, spare the goodwill and share this campaign.
Thank you so much already for reading this! This day may have started off with a punch to the gut but this is just the first round.
What this means? Nobody knows as the ball is now in their court. They can either back off their claim, take us to federal court or challenge the trademark with the federal trademark office.
What has been interesting is that we dug a little deeper into the history of Rocky Mountain Labs and Cowgirl Cosmetics and it looks like Cowgirl Cosmetics was dormant between 2012 and 2016 and was previously owned by a lady who doesn't appear to be associated with Rocky Mountain Labs.
The site as we currently see it went online in 2012 and the "we're currently fixing up the ranch" note has been on the site for 4.5 years - not exactly a sign of an active company so as far as we believe, they abandoned their "Cowgirl" trademark and missed their chance. But we shall see.
It also appears that they're making unlawful drug claims about their products on their website and I will blog about that this coming week.
Again, thank you so much for your support!
I retained an attorney today who is going to represent Vermont Cowgirl in what appears to be a fight against a multi-million dollar corporation.
However, our attorney is fantastic. He successfully defended another local company, Rock Art Brewery, when they were being bullied by Hansen (who distributes Monster Energy Drinks) over the rights to use "Vermonster" for their famous beer.
So it looks like another case of David vs. Goliath and this David is suiting up. Let the games begin.