Muffroom Cloud will be changing its name as of 1 Sept.

ThorpyFX · March 2016

So, having received glowing reviews from Premier Guitar (gear award), Guitar and Bass Magazine (editors choice) and loads of great feedback it appears the quality of our product has upset some people.

We have received a "Cease and desist" notification from a company that holds the Trademark for "Big Muff Pi"

Whilst I am confident we are not in breach of any trademark, it is not worth it for us to fight this in the courts. It will cost us an obscene amount of money and distract from our business- i.e. making the best Guitar pedals we can.

So to that end, we are going to have to change the name of the Muffroom Cloud to something else as of 1 Sept. For those that have a Muffroom Cloud, congrats..... its now a limited edition. For those that want one..... be quick, I have a finite stock and it is likely to sell very quickly.

As ever, thanks for the support!!!

http://i335.photobucket.com/albums/m447/thorpy6/4026ae285496a2299841a9391d9101ef.jpg

TTony · March 2016

Can we have a competition to rename it??

Mkjackary · March 2016

Why not ask for some legal help from the guys on here? There has to be someone who would help.

They are only mad because you are taking some of their sales, I wouldn't just let them bully you. You aren't in breach of any copy right for muffroom cloud.
I'd say make a response letter and possibly even try to get the media on your side.
If it is the company I think it is then I'm sure they would give it up if it meant they wouldn't look so bad to the public

monquixote · March 2016

These definitely got my "gear of the show" award.

The best fuzz I've tried by some margin.

ThorpyFX · March 2016

TTony said:

Can we have a competition to rename it??

yeah go on then.

monquixote · March 2016

I like "EHX can kiss my fat arse" as a name.

ThorpyFX · March 2016

Mkjackary said:

Why not ask for some legal help from the guys on here? There has to be someone who would help.

They are only mad because you are taking some of their sales, I wouldn't just let them bully you. You aren't in breach of any copy right for muffroom cloud.
I'd say make a response letter and possibly even try to get the media on your side.
If it is the company I think it is then I'm sure they would give it up if it meant they wouldn't look so bad to the public

I have received advice on the matter, truthfully even if we were proven right a cross border legal argument would be expensive and time consuming. I'd rather smile, walk away and continue to make a great product albeit with a different name.

hobbio · March 2016

Welp, I'll not be buying any EHX products now. Wankers.

Plectrum · March 2016

I've suddenly developed an aversion to EHX products. No idea what caused it .

dtr · March 2016

I hope Dunlop sues them for calling their wah a "crying tone".

Jonathanthomas83 · March 2016

It goes to show you're doing something amazing and they obviously feel threatened. Congratulations! ;-)

digitalscream · March 2016

It's probably worth considering the publicity benefits of being threatened by a much larger company...

DesVegas · March 2016

Do you have to take the FX from your name as it being 66% of the other company's name?

martinw · March 2016

digitalscream said:

It's probably worth considering the publicity benefits of being threatened by a much larger company...

Yes, issue a press release.

hobbio said:

Welp, I'll not be buying any EHX products now. Wankers.

+1.

ThorpyFX · March 2016

DesVegas said:

Do you have to take the FX from your name as it being 66% of the other company's name?

I'm sure that'll be next lol- I have my name trademarked though

DesVegas · March 2016

ThorpyFX said:

DesVegas said:

Do you have to take the FX from your name as it being 66% of the other company's name?

I'm sure that'll be next lol- I have my name trademarked though

Clever lad!

MrSwanson · March 2016

At least mine is a limited edition version now

I suppose at least you're making waves that the 'bigger' boys are taking note

ElectroDan · March 2016

Just call it the Mushroom Cloud and skew the S and H so the resemble an F.

Silly of them really. Judging by the responses above, this may cost them more than they were ever going to gain.

Winny_Pooh · March 2016

That's a PI-ss take

But more seriously:

Harmonic Boom

Rowby1 · March 2016

But what's to stop them issuing the same order if you re name it anyway? Or is it as simple as you avoiding the word "Muff" in the name.

Another one never buying anything EHX! Twats.

Fuzzdog · March 2016

Well, that's rather petty. Definitely worth trying to get some publicity out of this though.

Rename it to "Pig Fluff", sod all they can do about that, but would probably make them wish they'd never asked you to change it in the first place.

ThorpyFX · March 2016

Rowby1 said:

But what's to stop them issuing the same order if you re name it anyway? Or is it as simple as you avoiding the word "Muff" in the name.
Another one never buying anything EHX! Twats.

its the four letters that is causing the angst,

randomhandclaps · March 2016

"I'll never buy another EHX pedal again".

I'm genuinely confused why Electro Harmonix are taking such a bashing when they've done nothing wrong?

If you're gonna find a reason not to buy an EHX pedal at least make it their shoddy quality control.

4string · March 2016

digitalscream said:

It's probably worth considering the publicity benefits of being threatened by a much larger company...

This is THE case study on how to benefit from a legal threat, even if your resolution is a little different. :-)

http://www.theguardian.com/uk/2003/may/02/wales

digitalscream · March 2016

randomhandclaps said:

"I'll never buy another EHX pedal again".
I'm genuinely confused why Electro Harmonix are taking such a bashing when they've done nothing wrong?
If you're gonna find a reason not to buy an EHX pedal at least make it their shoddy quality control.

I suspect it's because of the fact that they (apparently) don't have a trademark on "Muff", particularly as used within a nonsensical play on words ("Muffroom").

That makes it seem like this is a speculative attempt at squashing competition using legalese (on the basis that ThorpyFX probably wouldn't be able to afford to defend it), hence the ire directed at them.

monquixote · March 2016

I've always liked the Arkell vs Pressdram response:

29th April 1971

Dear Sir,

We act for Mr Arkell who is Retail Credit Manager of Granada TV Rental Ltd. His attention has been drawn to an article appearing in the issue of Private Eye dated 9th April 1971 on page 4. The statements made about Mr Arkell are entirely untrue and clearly highly defamatory. We are therefore instructed to require from you immediately your proposals for dealing with the matter.

Mr Arkell's first concern is that there should be a full retraction at the earliest possible date in Private Eye and he will also want his costs paid. His attitude to damages will be governed by the nature of your reply.

Yours,

(Signed)

Goodman Derrick & Co.

------------------------------

Dear Sirs,

We acknowledge your letter of 29th April referring to Mr. J. Arkell.

We note that Mr Arkell's attitude to damages will be governed by the nature of our reply and would therefore be grateful if you would inform us what his attitude to damages would be, were he to learn that the nature of our reply is as follows: fuck off.

Yours,

Private Eye

Rowby1 · March 2016

digitalscream said:

randomhandclaps said:

"I'll never buy another EHX pedal again".
I'm genuinely confused why Electro Harmonix are taking such a bashing when they've done nothing wrong?
If you're gonna find a reason not to buy an EHX pedal at least make it their shoddy quality control.

I suspect it's because of the fact that they (apparently) don't have a trademark on "Muff", particularly as used within a nonsensical play on words ("Muffroom").

That makes it seem like this is a speculative attempt at squashing competition using legalese (on the basis that ThorpyFX probably wouldn't be able to afford to defend it), hence the ire directed at them.

Or to paraphrase, they're acting like twats.

stickyfiddle · March 2016

If you were feeling spiteful, you could change the name but include some etching on the inside of the case that says, for instance "EHX are a bunch of smelly poo heads", or something?

steamabacus · March 2016

New name would have to be some sort of weapon/armaments based thing, yes?

Custard Pi?

:O)

Mkjackary · March 2016

Citizens advice bureau combined with a few of the more legal-y types on here could draft a letter in response.
Combine that with a press release stating exactly what you have said here.

"Sadly ...... Because we have received.... From the owner of the big muff pi trademark.... Blah blah"

It could do nothing, it could make front page of guitar news websites.

-

Also is there any way we can send an email saying we are selling all of our ehx equipment and never going to purchase an ehx pedal again becuase of this, without getting you into trouble for defamation or something?

Rowby1 · March 2016

So I wonder if they've taken on JHS over the Muffuletta? Or are JHS and EHX in some way connected?

Howdy, Stranger!

Categories

In this Discussion

Become a Subscriber!

Muffroom Cloud will be changing its name as of 1 Sept.

Comments