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Sunday, April 1, 2018

NO MORE SMOKE: Lawsuit Leads to Podcast Changes

We mentioned on the last podcast that we had some difficulties that led to a long delay between Podcast #202 and #203.   We couldn't go into detail, and we are still somewhat limited as to what we can say, but we thought that today we should bring you all as up-to-speed as we can with what has been going on.  

First, an apology.  Some of what we told you was, in retrospect, kind of misleading.  Pete's computer didn't really crash.  Sure, he did have to reconstruct a lot of files, but his original computer was just fine.  The problem was that it had been taken by court order as part of the legal mess we find ourselves in.   

Here is the deal:  We got hit with a "violation of trademark" lawsuit.  It seems that one of the new agricultural industries that has sprung up recently in California has taken a very aggressive legal stance in protecting their "rights."  Part of this effort is a proactive filing for trademark protection for any product name that could in the future be related to their product.   So apparently anything with "smoke" in the name was scooped up by them.  They also claim to forsee the possibility of a "solder-scented recreational product." We also suspect they are in cohoots  with the new electronic cigarette "vaping" industry.   We  have heard that they are working with a "vaping" company in Birmingham, England that calls itself "SodderSmoke."  (As you may have heard, the word has a different connotation in the UK.)  They are using this British Vaping thing to bolster their claim that we are violating their trademark.  

Pete feels terrible about all of this.  The fact that he is located in California was what allowed the LA lawyers to take us to court in that state.  And we have been advised that we do not have much of a chance in this matter.  You see, marijuana has become a very important product in Pete's state. And "vaping" with e-cigarettes is also very big out there.  So there is big money and big cultural forces behind this effort.  We a tiny small fish caught in the net of big new industries.  

Pete wants to fight this (you know how he is) but I think we will have to just give in and move on.  Look, STARTING TODAY they are threatening to sue us for ONE MILLION DOLLARS every instance in which we use name of the podcast that you have all come to love so much.  I am scrambling to expunge the title from all the blog files.  Just look at the header on the top of this blog page. 

So at this point we find ourselves in search of a new name.  We turn to you, our loyal listeners, for ideas.  We hope to come up with something that will remind people of what we once were, of the good times we had under the old name.  Please send us your suggestion.  PLEASE DO NOT use the e-mail address that has the old name in it.  That would just make the lawyers and the "farmers" rich.   Instead, send your suggestions to n2cqr@yahoo.com

Bill and Pete

  

39 comments:

  1. What an outrage!!!....I'm with Pete, sue them!!!!

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  4. This is a disaster!!

    The Oklahoma Beverage Control Board used to have a rule that a store couldn't have the word Beverage in the title. So someone called their store The Egareveb Mart (beverage spelled backwards).

    So, how about The Ekomsredlos Podcast!?

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  5. or Eutectic Smoke Podcast (whichever way the spelling is correct).

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  6. OMG!!!! 1) If your lawyer says you don't have much of a chance of fighting this, get a second opinion! 2) set up a crowd-sourced legal defense fund donation site, your loyal followers have money and are many in number. 3) the book title, schwag, and brand that has been around for a long time has to count for something, 4) if you choose to rename, TRADEMARK IT. -Mike WO1U

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  7. the blog formerly known as soldersmoke

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  8. You need a real lawyer. Does your use of the phrase predate theirs? If so, challenge their trademark for prior use. If you give in, it gives them precedence to go after others. They chose you figuring you wouldn't fight it. Do the crowd source thing someone else mentioned. Then go after them.

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  9. Left coasters... well you see the results.

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  13. I have been in this situation and gave in (many years ago) and I have regretted it all my life. It will bug you forever. Follow previous advice and get another lawyer (that was the mistake I made). As you might guess, there are MANY to choose from, but many will fight for you. Your use of Soldersmoke predates even the concept of this vap thing. Their claim is rediculous. I also agree you could easily raise any necessary legal fees. I am ready to write you a check today.

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  17. Go out and trademark 'Smoked Ham' Then you can go after the many meat companies to help fund your defense against the pot-heads

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  18. Informed our club. We'll start a writing campaign...

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  20. If it was any state but California, I'd be tempted to believe this. Basta

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  21. They can take away the name but they can never take away the flux. "May the flux be with you" Pete!

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  22. I know you can't leave this post up, so I'll just say well done.

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  23. Odorofrosin.com

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  24. So let me get this straight. The process of joining two metal objects be they wire or plumbing will henceforth be renamed to something as yet not determined? The smoke arising from this process needs to be renamed as well? What about older text books? Shall we burn them?

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  25. My friend Bill, I certainly hurt to hear the legal woes of your blog which which I can no longer mention by name without fear of losing my entire retirement savings and more. After reading the blog post today and your passioned plea for suggestions of a new name, I feel you would be safe in changing the name from ""Solder Smoke" to "Smoder Sloke". I think that no lawyer in their right mind would draft a letter that may end up in a court of law that reads "We, the people of "Solder Smoke"hearby demand that the people of Smoder Sloke to cease and desist". This would make any challenge in court so confusing to present, that no judge, or jury could ever understand which way to rule. I wish you all the best with the "Smolder Sloke" blog...I mean the Sloder Sloke".. I mean the "Smodder skoke....O well you know what I mean.

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  27. Bill and Pete...
    What else can be said that hasn't already been said? The radio God's are sad! My Mother's brother Robert says sue! Or show those digital appliance operators you mean business. I've seen numerous attorney commercials on tv. But if you must succumb to such tyranny might I suggest "Solder Fume" or something such as "Solder Smoak".

    Basta! (biting finger...)

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  28. ...also, you guys don't get my coffee mug back... right?

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  29. Bill and Pete, I'm so sorry to hear of this development, even more so as I am (and from this moment on "was") a customer of SodderSmoke here in the UK. I have to disagree with many of my fellow homebrewers here however, please don't rush to sue or get yourselves embroiled in any big legal fight as it sounds like this situation is in a real state of flux at the moment and there's a possibility of you being lead tinto something that could really burn you both. If things escalated you may have to find an awful lot of money, even having to pool everything you own for a legal fund. Besides it may not even come to that as you know how short lived some of these startups are, there's a real possibility that they'll just melt away without a trace by the time your case gets on track through the courts.

    I'm afraid that I don't have any suggestions for a new name but in my heart it will always be the Solder Smoke podcast.

    Steve

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  31. Come on guys...this was April 1st....doh

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  32. "The 60/40 & Flux 'em"
    "The 60/40 & a Wisp"

    I'm sorry for your problems. Here in the Midwest "common sense " would prevail( I hope). In California not much chance. Dale WN0WWY

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  33. I now see how Trump got elected.

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  34. It’s quire a shock considering you where in existence before them, few ideas, fluxnflow, solderflux soldertrax. soldertime, solderkit, good luck.

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