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

hobbio · 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.

See, I think they have done something wrong, morally if not legally. I think they're using their size and funds to bully a smaller maker into changing a product name that doesn't really infringe on their trademark. That's my view, anyway.

OilCityPickups · March 2016

This is unfortunately the reaction we as small makers get from the big boys. We are fine till we get positive reviews, then on the slimmest of pretexts they come in guns blazing. Every time I produce a twin cream coil humbucker I risk Larry kicking in my front door :-)

As for going near Rickenbacker ... Jason Lollar's experience proves that even when the big company concerned can't make a pickup with reliable quality control ... they will make damn sure nobody else can offer alternatives. What annoys me is that were you a Chinese company you'd be left strictly alone. A case of pursuing the easy targets.

I was considering buying a Germanium 4 Big muff Pi a while ago ... I'm rather glad I didn't ... as with others ... you will get my business for my next 'fuzz' full stop.

Sorry for you losing money on engraving etc ... but you have the support of fellow UK manufactures as well as customers ... hopefully it will be minimised.

SRich · March 2016

I'm waiting for the first "Pre-Lawsuit" Muffroom Cloud to hit the classifieds.............

..........mine's a keeper though!

randomhandclaps · 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").

Yeah, I appreciate that angle and that is the advice I would give. However it is still Thorpy making the decision to change the name. If (as is true EHX) have no case then there is no case to fight and ignore it. It's their job to prove it, which as it's fantastical they can't.

The is slightly more complicated as a lot of the Muffroom Cloud's marketing (besides it's name) relies on referring to EHX own baby. Plenty of other Muff variants exist without making direct comparisons, such as the Musket, Pharaoh, Iron Bell... So to that extent maybe EHX do have a claim. Still this isn't them in the wrong. The Muffroom Cloud will still exist but use a different name. Had it not been for EHX then the Muffroom Cloud would not have existed fall stop so I just find making them the bad guys a bit odd.

As for sending a cease and desist order equalling acting likes twats, when the world was awash with OCD clones, which itself is a clone of the Voodoo Labs OD with added tone control, Mike Fuller would send cease and desist orders as well as threats of physical violence to people so on balance I think EHX just followed protocol. I suspect that the arrival of the Muffuletta around a similar time probably didn't help their mood much either.

Personally I fail to see how spiteful bitching about EHX based purely on sycophantism is going to help the reputation of Thorpy FX long term. For all the Thorpy fans there are here there are far more EHX fanbois out there.

ChrisMusic · March 2016

I detect a great PR opportunity here.

Whether that is through the various forums, FaceBook etc, or the more established press, print or online, .

There is always great interest, and usually good support, from a well articulated "David and Goliath" story.

Nice to see a big established company taking the moral low ground, quelle surprise ! So, use it to advantage...

In answer to @randomhandclaps' first post (edit: it's moved on quickly as I type), I think @digitalscream summed it up quite well, I am inclined to add "bully boy tactics" to that as well. It all leaves a pretty bad taste in the mouth for most. How else are us "little guys" able to show our disapproval ? At least it is democratic to vote with your feet / wallet, non ?

(¿ If all else fails, maybe we should arrange with "the Regiment" down the road from me, in Hereford, to pay them a small advisory visit ?) >-)

(sorry, wrong mask I know, but the closest I could find ~ (this behaviour is all alien to me anyway))

impmann · March 2016

Call it the Mushroom Cloud.

Close enuff to "Muff", keeps the suits happy at EHX and we will all know what you mean. :-)

digitalscream · March 2016

It's also worth bearing in mind that this might not be the action of EHX at all - it could be their lawyers being overzealous. Or, alternatively, it might be somebody in EHX who's not very PR-minded getting a bit excitable without necessarily having the support of their higher-ups.

ThorpyFX · March 2016

It's all very difficult as you can imagine but I will say this. I'm not happy with changing the name, I attempted to avoid this from the off by making up a word, sadly it didn't work. The cease and desist came from a decent gentlemen in the company that sent it. He was not a lawyer at all and he has been perfectly pleasant to deal with as he appears to be a decent human being. As for making the decision myself, I have no choice but to change the name it would be ruinous to fight it..., even if I did win. Sometimes you have to pick your battles.

Sporky · March 2016

I suggest calling the new version the ThorpyFx Lady Garden.

Sporky · March 2016

Or the ThorpyFx Fuzzy Flesh Welly.

hobbio · March 2016

Yeah, you're right. You should still try to capitalise on this though with a press release, as has already been suggested.

stickyfiddle · March 2016

Mig Puff Bi?

rlw · March 2016

Mkjackary said:

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?

CAB very unlikely to advise on a commercial matter. Sadly, Thorpy ain't a citizen but is a business.

Fatfingers · March 2016

Surely 'The Growler' is the top candidate.

hobbio · March 2016

Not many of us wouldn't want to play with a Growler.

Rowby1 · March 2016

Sporky said:

Or the ThorpyFx Fuzzy Flesh Welly.

He'll be getting a cease and desist from Friedman next!

Jason · March 2016

Is it just not VERY American. They sue for anything.

Choose a new name and move on. I think you're doing the right thing, having spent a small fortune on solicitors in the last few years, its just not worth it.

Make sure you don't sell all your stock, then leak them out as originals on ebay

DesVegas · March 2016

The Napalmerator

Drew_TNBD · March 2016

Call it Britain Furzzt

stickyfiddle · March 2016

The good news is the next ten pedals' worth of naming gets easy now; just make sure they're all different enough from EHX pedals to not get sued. So far I've got:

Bitchfork

MaceBalls

SuperEmo

Small Stallone

Deluxe Remembering Person

Stereo Remembering Person with Bukake

MOG

Holy Flail

P-Torn (though Pete Thorn might sue for that one)

hubobulous · March 2016

Changing the name just means that you can get the new pedal reviewed and carry on as before. Picking your battles is exactly right. You're not going to lose sales due to the change, but you could lose your entire business fighting this.

Perhaps something quite patriotic like the Spitfire, Hurricane or Lancaster could encompass a little defiance in the name change?

mixolyd · March 2016

I've just started looking into buying my first fuzz pedal after 20 years of electric playing: this has put Thorpy on my listen list despite being outside my intended budget. EHX now on the "used only" list.

Names:

Copyright Troll

The Muffin Ear

Drew_TNBD · March 2016

stickyfiddle said:

Stereo Remembering Person with Bukake

That is culturally insensitive. I'm so proud of you Mr. Stick - looks like you finally pulled it out!!
:-c

hobbio · March 2016

How about "The Initiator"? Not funny, or having a pop at EHX, but in keeping with the theme and graphics.

EricTheWeary · March 2016

The Military Cross (still be a military themed MC) ; The Mary Millington (well, you can work that out) ; then I got onto Russian weapons of the 1970's and The Saxhorn seemed most likely ( because it's also another thing entirely the Russians can't have copyrighted it presumably).
Anyway, other fish to fry... :-h

stickyfiddle · March 2016

Drew_fx said:

stickyfiddle said:

Stereo Remembering Person with Bukake
That is culturally insensitive. I'm so proud of you Mr. Stick - looks like you finally pulled it out!!
:-c

No, culturally incentive would've been Stereo Lemembering Person with Bukake...

Drew_TNBD · March 2016

)

impmann · March 2016

A few names...

Shaven Haven fuzz

Huge Chuff Pie

American Destroyer

Explosion in a pie shop

Or

The Fuck You Mike

Strat_a_tat_tat · March 2016

The PYBP

.... Pick Your Battle Pedal

SRich · March 2016

грибовидное облако..............................

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

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