Being Sued over Hot Cocoa Bombs?!
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- Опубліковано 29 вер 2021
- Can you believe the drama behind hot cocoa bombs this year?!
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Links for you to research the truth for yourself:
-Cocoa Bombs: uspto.report/TM/88723807
-tsdr.uspto.gov/#caseNumber=88...
-Hot Cocoa Bombs: uspto.report/TM/88765157
-tsdr.uspto.gov/#caseNumber=88...
-Bomb Trademark: uspto.report/TM/90315859
-tsdr.uspto.gov/#caseNumber=90...
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#hotcocoabomb #hotchocolatebomb #cocoabomb #chocolatebomb - Навчання та стиль
Here’s my semi viral video that the lady posted the comment vm.tiktok.com/ZMRK2hJQU/
This is why we can't have nice things! I'm getting absolutely hung and suffocated with red tape trying to make money off my crafts as well.
Just register it as Hot Cocoa Bombz lol. Gen X were the masters of turning common words into new ways of spelling them. A little retro renaming wouldn't hurt if its the best avenue to take.
@@Jadae I'm a Gen Xer and it ashames me to no means that someone my age could be so snotty, it's like the case of the woman who sued 8ver the word "Hun" she had registered as the name of her bar. Guess what: She got nothing 3xcept money off her pocket in lawyers and court fees because the judge said it was a generic name everyone could use and was common.
Bombs is a generic name for a confection, if she has not had the trademark yet you are free to use it and file for the name.
@@Jadae nice thought but that doesn’t work. I saw another crafter who had to go to an attorney over a small two word description. Changing the spelling doesn’t work. She went generic to avoid a lawsuit.
Hot chocolate balls. Problem solved. Lol never heard of them until today. 11/28/21
How on earth can they trademark something like this? That should be like trying to trademark cupcakes or cookies.
Should be but in the grand scheme of things it is slightly different
Eeeeexactly!! Wait don't say that too loud someone smart as* might take that idea too!
@@TheStationBakery
First world problems.
We need to be thankful that people bled and died just so we could have this kind of right to sue people, counter sue, and most importantly, *DEFEND* ourselves.
The Leftist rhetoric has really gotten out of hand.
You're not suppose to because it's commonly used. They are trying to trademark because it's in there business name.
Just call them something else
I remember my aunt making hot chocolate bombs back in the 80's as Christmas gifts for people. It was something that she tried and people loved them. Just think, she could have trademarked back then, but she taught others how to make them. Thank you for your video. It was very informative.
lol my sister keeps calling me about stuff she sees on tik tok and I'm all...dude that's OLD!!! NOTHING IN TIK TOK IS NEW🤣🤣🤣
It was trademarked in the 60’s.
As a trademark attorney, I appreciate this video. There’s a lot that goes into trademark law.
I remember making similar chocolate balls in home economics back in middle school... 1996-ish.
Yes ma'am
I made variation in 1960's
@@Nashwoman98
Truffles
Heck I remember making hot chocolate drops in my home economic class WAY BACK IN THE MID 60's. My daughter and I always make batches of these, peppermint creams coffee creams chocolate logs, fudge and not nougat as gifts to friends, for church sale and just for ourselves.
@@amsodoneworkingnow1978 and the nerve of this person to patent this craft like they invented it when we remember doing this so long ago....tisk tisk its
Can’t believe the CIA and FBI hasn’t stepped in and beat down these people’s door for even putting the word “bomb” in any title. Lol
😭👍🏽
Ok now that was hilarious 😂🤣😂🤣😂🤣
noooo please don't give them any ideas! LOL
🤣🤣🤣 😢
Heat induced melting spheres/globes of chocolate deliciousness-there I’ve got a name🤦🏻♀️🤣
😂
Get John and George to help you and bang some out.
Loool
You ARE the WINNER!!!!
Otherwise known as HIMS/GOCD. Look! You’ve invented OCD Balls!
That is crazy! That’s like trademarking “cupcakes”.
My initial thought was “chocolate covered cherries” 🍒. Lol.
I just changed my description to “ hot cocoa balls, formally known as hot cocoa bombs”! It worked for Prince didn’t it?
😂 nice!
Lmao
That’s what I was thinking. Just change the name. But the name you picked brings to mind a host of amazing packaging ideas! Sell them in two packs lol and go have fun with it! You can do those, and advertise them as for couples. The rest for the general population.
😆
Trademark it or another company will do it and you will be stuck again
i feel like this trademark mess is just that a MESS! they see someone else excelling and profiting MORE than them & aren’t happy about it.. it’s sad! it’s enough room for everyone everywhere to do the same thing and still succeed.
side note: maybe call them “globes” or “spheres”..
either way, KEEP DOING WHAT YOU’RE DOING!
Agreed
Yup. They can call them hot cocoa balls, or hot chocolate shot balls.
I am about to trademark chocolate covered strawberry 😆😅🤑these people are crazy.
You said it all!!!
Explosive chocolate sphere 😜
I just watched a friend go through this exact same deal with a totally different product. She didn't even use the exact same name - only a similar one. They came after her and even with a really good lawyer she had to change the name and pay a couple thousand dollars to "not" be sued by this trademark holder. It was heartbreaking and infuriating to watch. I think until we know if this challenge wins it's best not to use the word "bomb" with these. I saw it first hand and I do not have several thousand dollars laying around to protect my business at this time.
You did an awesome job explaining all this. Better to be safe than sorry. You cannot be protected enough in this day and age. Love watching your videos and that you always have a positive attitude no matter what! ❤
Im just gonna call em "not chef's not salty balls..." 😂😂 lol good old south park!
🤣🤣🤣
YES!!
Salty balls....😂🤣😂🤣😂🤣😂
THIS!!! HAHAHHAHA
litterally every cooking channel has made hot cocoa bombs.
I just love your energy ! You explained the situation so well and kept my interest the entire video !
1st time seeing a hot cocoa bomb (I was working as a chef) and that wasn't what they called it at the time was in Nov. 2010. So the product has been around for awhile, but people now are just trying to make money and they need to let this trade mark stuff go.
The Absurdity! I swear it’s the hobby lobby gurus!
I can remember them from the early 2000's They had many names.
Wow I didn’t know it does to way back then
You did such a good job explaining everything! The knowledge and research you put into this shows! Also, you’re beautiful! ❤️
I've been making them for years now and I'm in groups dedicated to the making of these yet this is the first I'm hearing of any of this 😂. My bakery is all space themed and so are my Cocoa Comets 😉 Excuse me while I go trademark this really quickly. Lol.
Yes! Lol!🤎
Cocoa planets 🍫🌏🌌
I was looking for videos for freeze-dried marshmallows and came across your video. Fascinating, well research, well explained and you’ve got yourself a new subscriber. You rock!!
I went through something similar when I tried to trademark my brand Skin Champagne - apparently the champagne people don’t want you to trademark anything with the word Champagne due to the “likelihood of consumer confusion”... My brand is skincare not a drink btw 🥴.
What an in-depth, amazing review you've done on this ridiculous situation! Clear and concise!
Omg, it's ridicilious! Who cares?! I'll call mine, Goodness Deliciousness Chocolate Balls 😅 Thank you for the video 🤗
This is crazy! I guess I will call them Melting Balls from now on.😂😂
Love your videos!💕💕
😂😂😂 that sounds perfect! Thank you!
Better trade mark that or someone will scoop it and will go after you legally lol.
I just trademarked it today! Haha, no pay me!😂
You are the best !! I have learned so much by watching you and your beautiful creations ! Such a incredible blessing to us all !
Great video! You put a lot of thought into this content. I bought my labels from you last year and hope to again!
I have no idea how you popped up on my feed, but this was a great video!! You were a pleasure to watch!
It use to be, if the recipe ingredients were different by 1/4 tsp., cup, or some other unit of measure, then it was a completely different recipe.
Thanks for looking into it and posting about it. I'd just heard it come up last week and it made me mad, especially with the major popularity and vast amount of makers who make them.
Great video! Thanks for the info 😘
Thank you!!
Thank you for doing the research! Very informative and helpful! YOU are the BOMB!
Crazy! Thanks for the info. I had no idea this was even going on!
Yep! Glad to share!
Just found your channel. Love your way of telling a story - you are adorable! I subscribed!!!
Great Work! Great delivery of the facts. I love your super sleuthy ways!!!
Thank you. You are well informed and speak well. Easily understood!
As ridiculous as trying to trademark “Taco Tuesday”, or “Lemonade”, in my opinion. Hope whoever filed the challenge wins, and wins big time.
This is what we are all trying to do, us and Maud Borup.
Taco Tuesday is trademarked. The person who owns it trademarked it a long, long time ago and it took off as the popularity of tacos evolved. The owners have sued many restaurants and brands for using it.
Locos Tacos is also trademarked and Taco Bell paid to license the name when they launched Doritos Locos Tacos
Are people still getting sued for singing Happy Birthday?
@@youtube.silenced.m I remembered seeing a video about the legal status of the Happy Birthday song a few years ago. So I found it again: ua-cam.com/video/vNUaqGLIx2k/v-deo.html
I definitely have problems with trademarking common words. If you didn't create it, don't trademark it.
I’m pretty certain that if it gets appealed then hot chocolate bombs won’t be trademarked because it’s too general/will be evidence that it’s not an orignal idea, however something unique, like a unique design like the Disney one would/could be trademark-able cause it’s also using one of their trademarked characters. Regardless, this does seem a bit of a mess and I’m glad someone decided to appeal cause imo unless you’re the creator, you shouldn’t have free reign to trademark something just because someone else didn’t you know? Hopefully after this no one will be getting sued and everyone will be able to just make the bombs and have fun!
Agree! And I do believe if this challenge goes through then there will be no other trademarks in this context. 🙌🏽 but only time will tell!
Thanks for very insightful research, and a good explanation ! I'm old enough to remember cherry bombs being both a brand of small round red firework (likely tm'ed) and a shot/ cocktail drink a well as a definitely trademarked car exhaust muffler component and now it's also a hand cleaner product !
How can they "Trademark" something that someone ELSE created?!?!?! Insane
hoi
It's whoever gets there first. I will call it the Edison effect lol
It happens more than we know!
Looks like if you come up with something you better trademark it. These lawsuits are ridiculous 😂
I saw those things out on store shelves by legit large companies years ago. I saw them at Target before people started trying to copy the idea. I think it’s lame to copyright the name. It’s like someone trying to copyright the word truffle or cookie. They are what they are. Also as a business owner, it’s my understanding that even if something is copyrighted, like the design of the product, if you make one small change, then no one can go after you. I was going to copyright a necklace design because people started trying to copy it and I found it was pointless because they’d have to make it exactly like mine.
WOW...you go girl....Loved the manner in which you explained this.
Thank you for doing in-depth research! It’s nothing nicer than when facts are presented. This is actually funny because can I trademark something like Chocolate cake or Peach Cobbler Pound Cake? I understand them wanting to create and protect what they think is theirs but fortunately it’s not going to fly. However, being the creative people that we are, we could have a “ball” (pun intended) coming up with unique names….”Steaming and Explosive Brown Balls”! 🤣🤣😁
Of course! It’s always good to know what’s really going on. And it actually has flown. The trademark for Bomb is registered, but is currently being challenged and hopefully eventually removed! And you know this is a creative community that can come up with something awesome!
@@TheStationBakery
Just like in politics, right?
People in Congress and even on the local level, like the city, county and state, they sign bills that become law and they don't even know _half_ of what is in it, and they are the ones who signed it!!
Yet, ignorant useful idiots keep voting for these frauds all while thinking that they are voting for the right person (s)🤦
All that being said- the worst thing that anyone could do is to trust the system. That has always backfired, but we can trust Jesus Christ and fly right. That never fails!
Yes I agree, people want the product when they love them, they could be named anything all they want is to enjoy!
Omg Carleshia - your comment made me spit my sweet tea half way across the room! 😂🤣
Reminds me of the South Park episode “Chef’s Salty Chocolate Balls”! 😂😂
People are really ridiculous! Who could possibly think they own the rights to candy bombs??
Bless you , Keep being wonderful !
Oh lord!!! Folks always want to stop us “small businesses” from making some extra coins. Geez.
lol it’s been the way of the world since the beginning
Good for you and fantastic job!
New subscriber just based on the excellent coverage of this topic!! Well Done!
You explained this very well. Thanks!
I am NEW just now and I see this is from last month. I just wanted to say....WOW and HOW, and RIDICULOUS! I subbed you and I'm excited to check out your content.
I didn't know there was an issue with the chocolate bombs before this video but I enjoyed your explanation of the situation. You did an awsome job I learned alot.😍
Thank you! I’m glad I’m able to share and explain!
Thanks so much for the info. I'm so glad to know this.
You’re very welcome! I’m glad to share where I can!
This is the first time I've heard anything about this brouhaha I appreciate all the research you did
Now I'm wondering about coming up with a creative name cuz everybody wants them and the season is fastly approaching
Hot Chocolate Lava Spears
Love it ! You are an articulate intelligent young woman ❤️
Thanks so much for sharing this vital information!
Thank you for spreading the knowledge I did not know. Love, love your video. Definitely subscribing and sharing 🤍
Awesome! Thank you!
This is such a great, informative video. Thank you!!!!!
Glad it was helpful!
Bless you for breaking this down.
Thank you! I’m always happy to help!
You go girl... Thank You for sharing 🙏🏼❤️🥳
You are so articulate...great explanation...there's room for us all!
I love your energy!
Honestly I believe the only person who should be able to be granted a trademark is the original creator & that there are some things that just shouldn't be allowed a trademark such as the hot cocoa bombs. Oh well, guess there always has to be someone out there trying to ruin things for everyone else.
Same! There have been people asking me to trademark certain things but I won’t because I know I’m not the originator. And even if I was, I’m here to share and inspire so I wouldn’t anyways. I understand why people do though. But in this case, it’s not right!
That's the nutty part, I looked into trademark laws in the past and I was sure you can't trade mark anything considered "reasonably common". To be sure an appeal will over turn this.....
This was a great video! I learned something new:)
I’m so glad!
Thank you for clearing that up 🥰
You’re welcome 😊
Very interesting. Reminds me of the work Tabberone did back in the early Ebay days. Thanks for the information!
Someone just registered the trademark "Stocking our Shelves " and I was threatened by lawsuit. I contacted an attorney and hD to remove the name from my Facebook group. They also said we cannot use Stacking our shelves or any combination of words that are similar. I wish I knew how to appeal this and get their trademark canceled
😧 wow, so sorry
I’m 46, I’ve heard of hot chocolate bombs for a long time. So it’s been around for a long time and nobody put a trademark to it. I don’t think they know the original origin or the person who originally stated it they think that’s where they have the problem.
You are a whole vibe, though. I love how animated you get breaking it all down!
So proud of you!!!!!!! I first saw cocoa bombs wells over 15 years ago.
❤️
Girlllllll thank you sooooo much for this video, I didn’t know that an approved trademark could be cancelled if contested. I don’t even make cocoa bombs, this came up in my search for something else but this info was very valuable to me!! Thank You 🙏🏾
You’re so welcome!
Well done! Very well explained.
Great work! Thank you!
Very interesting video! Thank you for sharing!
I will never understand why trademark something so generic and common.
Thanks so much! Very informative!!
You’re welcome!
Great information....always do your due diligence
Thank you for the clarification. 💕
Of course!
Wow!!! New subscriber. Thanks for the information. I never made them but wanted too. Thanks
Great info! Thank you for your research. I have to say, because of my obsession with words, and the fact that there was never any actual explosion taking place, it always bothered me using the word bomb. I think that’s just my issue though. It always seemed better to use the word melt.😆
😂😂😂 could you imagine actual Explosion happening though! That would be quite the experience! 😆
Thank you for letting us know because who would have ever thought this???! Esp those of us who have just started cooking online or haven't been doing it for long. Ridiculous!💩
I really love your glasses!!
You Go Girl🙌🏾
I don't know why this showed up on my list but I watched it anyway and kudos to you, great research!
Great video!! Thanks for the info!!!
You’re welcome!
Good information. It's a shame there always seems to be someone trying to create chaos where there need not to be🤦♀️ Wow.
Yep. Until the end of time.
You go girl! Fantastic video.
Great video! The romance novel community went through something crazy like this. An arrogant author trademarked “cocky” and then started abusing her trademark. I used to read her stuff but after that drama I ditched her. People need to lay off trademarking common things and then trying to bully with it.
I agree! How can you trademark regular words found in the dictionary??
@@auntiesister yeah it’s crazy most of the time their trademark is super specific (hers was the word in a very specific font and color) but then they use and abuse it to intimidate people by sending cease and desists which is just a legal scare tactic. She sent out nasty letters to any authors that used just cocky
@@KatHug that wrong on so many levels. She didn’t creat the word cocky. Someone should sue her for stealing a word that been in the dictionary longer than she’s been alive.
Great video, love to listen to you!
Great breakdown!
Young lady, I am so impressed with the depth of your information!
Thank you!
A trademark or copyright will not stand up in court if established as previous public domain. Unscrupulous companies will try to profit off of you if you don’t know this or do not stand up to the truth.
It’s the way you story tell for me🥰
Why thank you 🥰
Thank you for this video. Truly appreciate the time and effort you put into research and sharing results. Very informative. Trademarking is becoming an insidious practice. It is less about protecting your intellectual property and more about creating wealth and control over everyday aspects of people's lives.
thank you for sharing your information :)
Thank you for the info . it's my first time at your channel .
Welcome!
This makes NO sense to me! How do all these other companies get to call their products "bath bombs"? There's so many different ones I can't even begin to name them all! This is absolutely ridiculous to me!
Thank you for this wealth of information.
Right.. my momma use to make them in the mid 90s.. she would fill them with hot chocolate powder and mini marshmallows and she always added those soft mint candy canes as a straw... I loved it... lol just got to show you that everything has been done.. and it always comes back into style 😎 😉
“Shrouded in this pear clutching scenario.” I gotta use that in a conversation. 👏👍
Bravo , 🤓 smart research!
Oh my I want to HUG YOU!!! Let me explain I'm not crazy or a stalker. I have a small business and the trademark thing has come up and what spiderweb all that is. I applaud you for your research, go look it up, SMART TO NOT STOP!!
I am 58 and I love when a young WOMAN researches something and just doesn't look at the first thing and stop. I am so so happy for you and your go go attitude.
What do I make and sell? This crazy beanie, Billy Gibbons from ZZ TOP wears this beanie. I crochet it and sell it on Etsy and Ebay. Thank you!!! Thank you for researching and doing your thing!!
Another reason the trademark may be under review is “x drink” bomb may be a genericized trademark; when a brand or name is synonymous the general item. Like band-aid instead of self adhesive bandage.
❤They are/were Very Threatened by your Accomplishments and your Talent. Keep Going!❤
I made some in 2006, I did not create it but I recreated them to try them out. Tasted very good 👍
Oh wow! How cool. Did they look and function the same as now?