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

ThorpyFX

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

"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

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

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

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

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

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

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




Custard Pi?

:O)

Mkjackary

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

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

hobbio

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

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

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

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

randomhandclaps

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

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

Call it the Mushroom Cloud.

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

digitalscream

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

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

I suggest calling the new version the ThorpyFx Lady Garden.

Sporky

Or the ThorpyFx Fuzzy Flesh Welly.