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Old February 20, 2018   #16
Cole_Robbie
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Quote:
Originally Posted by Fred Hempel View Post
Facebook shaming better (and faster) than a cease and desist letter?
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.
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Old February 20, 2018   #17
Fred Hempel
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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?
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Old February 20, 2018   #18
Gerardo
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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.
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Old February 20, 2018   #19
Fred Hempel
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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:
Originally Posted by Gerardo View Post
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.

Last edited by Fred Hempel; February 20, 2018 at 02:04 PM.
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Old February 20, 2018   #20
Koala Doug
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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.
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Old February 20, 2018   #21
bower
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Truly shameless. 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.
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Old February 20, 2018   #22
Cole_Robbie
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Quote:
Originally Posted by Fred Hempel View Post
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?
Good question. Truth is a defense, which most people know, but the problem is that it is an affirmative 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.
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Old February 21, 2018   #23
Fred Hempel
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Thanks for your perspective.

Quote:
Originally Posted by Cole_Robbie View Post
Good question. Truth is a defense, which most people know, but the problem is that it is an affirmative 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.
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Old February 21, 2018   #24
SueCT
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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.
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Old February 21, 2018   #25
Worth1
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Send them a bill for the stuff they claim to have used from your farm.
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Old February 28, 2018   #26
CamuMahubah
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This Chef that showed up...did you tell him to go tell the other chefs what happened here today?
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