BATCH gets an early Holiday gift...a team to defend the trademark~!
December 30, 2014
I hope this post finds you well! This year has been very challenging and absolutely wonderful at the same time! We made the decision to invest more time and debt into the business this May despite the looming legal battle with Bach flower remedies limited.
Two years ago I was lucky to be given this beautiful Antique Library from a kind and generous gentleman Donald at Cirker's Fine Art Storage in Manhattan. And this summer with a credit line from Home Depot I completed the BATCH studio and the library found it's home~!
One year ago we were notified of Bach flower remedies ltd. owned by Nelson's of London intention to oppose our published trademarks, which was followed by their Cease and Desist letter indicating we phase out inventory immediately.
As you may be aware I read the US Trademark handbook and filed an Answer disputing their grounds for opposition. Fast Forward to October 2014 and I was being drowned in a battery of legal nonsense paperwork and demands from Donna Bunton, the attorney bringing the opposition.
I was really trying to not let it bother me however, the stress was becoming too much. It was affecting me which would eventually negatively affect the family, so I gave my last attempt at finding useful advice and/or affordable help basically. I had already done this for months without any luck, so I wasn't that hopeful.
I did come across an article about another case where a big corporation was bullying a small business owner with equally ridiculous claims of infringement. The case had been adopted by a pro bono clinic, so I decided to email the attorney who was running the clinic. The truth is I was so unhopeful, that I considered in that moment, to not bother sending the email, but I just did it anyway.
Given our dire finances with attempting to establish this small business, raise two boys, share a house with my Mother, and keep BATCH open; I was in the middle of ripping out the ceiling, because our heating system from the 1920's was leaking on the second floor and needed to be fixed before winter. We simply could not afford to hire a plumber. Fortunately, I am relatively handy :) While I was banging through 2 layers of sheetrock and through to a plaster ceiling, my phone rang.
It was the young attorney from the clinic and she wanted to adopt our case too! My jaw literally hit the floor, along with some tear!. It was a "I'm a believer" moment, because until that phone call I had prepared myself to the reality of having to yet again, shut down another small business, the fourth actually.
We are so very grateful for this blessing, without this team of truly honorable lawyers, two of them grad students, BATCH would not stand a chance against this big, old, and ignorant corporation from London, who in my professional opinion has bastardized Dr. Edward Bach's name and his "flower remedies." Which interstingly enough, Dr. Bach made the recipes public knowledge before his death in 1936.
Happy Holidays to you all and best wishes for 2015~!