Being Sued over Hot Cocoa Bombs?!
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- เผยแพร่เมื่อ 3 ต.ค. 2024
- Can you believe the drama behind hot cocoa bombs this year?!
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-Cocoa Bombs: uspto.report/T...
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-Bomb Trademark: uspto.report/T...
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#hotcocoabomb #hotchocolatebomb #cocoabomb #chocolatebomb
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
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!
As a trademark attorney, I appreciate this video. There’s a lot that goes into trademark law.
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.
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
That is crazy! That’s like trademarking “cupcakes”.
My initial thought was “chocolate covered cherries” 🍒. Lol.
Im just gonna call em "not chef's not salty balls..." 😂😂 lol good old south park!
🤣🤣🤣
YES!!
Salty balls....😂🤣😂🤣😂🤣😂
THIS!!! HAHAHHAHA
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! ❤
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!😂
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
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
litterally every cooking channel has made hot cocoa bombs.
You did such a good job explaining everything! The knowledge and research you put into this shows! Also, you’re beautiful! ❤️
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 🤗
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 just love your energy ! You explained the situation so well and kept my interest the entire video !
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.
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??
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 🥴.
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!!
Crazy! Thanks for the info. I had no idea this was even going on!
Yep! Glad to share!
I have no idea how you popped up on my feed, but this was a great video!! You were a pleasure to watch!
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
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!
Great video! Thanks for the info 😘
Thank you!!
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 !
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: th-cam.com/video/vNUaqGLIx2k/w-d-xo.html
I definitely have problems with trademarking common words. If you didn't create it, don't trademark it.
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.
You are so articulate...great explanation...there's room for us all!
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.
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!
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!
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
Just found your channel. Love your way of telling a story - you are adorable! I subscribed!!!
So proud of you!!!!!!! I first saw cocoa bombs wells over 15 years ago.
❤️
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.
One of my customers told me about thia. I did research the same. I went to obtain an attorney and registered my company name. Thanks for the additional information. I love you and your tutorials. 💜 #cbentrepreneurs
Of course! I’m glad you got your legal stuff in order! It’s so important for so many reasons! Thank you for being here!
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.....
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!
This was a great video! I learned something new:)
I’m so glad!
WOW...you go girl....Loved the manner in which you explained this.
You are the best !! I have learned so much by watching you and your beautiful creations ! Such a incredible blessing to us all !
Thank you for doing the research! Very informative and helpful! YOU are the BOMB!
Love it ! You are an articulate intelligent young woman ❤️
I will never understand why trademark something so generic and common.
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.
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!💩
Thank you. You are well informed and speak well. Easily understood!
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! 😆
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.
This is crazy because you can buy "hot cocoa bombs" in alot of retail stores in Australia. You could call them Hot Chocolate Bombs. But its crazy because its like trading marking "Sponge Cake" or "Rocky Road" - I think the Trademark needs to have something specific rather than just a general description which millions of people will make and sell all over the world.
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
Young lady, I am so impressed with the depth of your information!
Thank you!
The word is copyrighted, not copy written. “Copy written” is an inaccurate term and means absolutely nothing. It has nothing to do with writing. It’s about having the RIGHT to do something.
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!!
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!
Great video! You put a lot of thought into this content. I bought my labels from you last year and hope to again!
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.
Well you won me over clicking that button thanks sweetie for that good information make them with Cannabis lmao I do lmao now I would have Cannaball lmao
Yay! I’m so glad! And whaaa??? How genius! Cannaballs!!!! 💦
Good for you and fantastic job!
I don't know why this showed up on my list but I watched it anyway and kudos to you, great research!
Yea I found this out on a Facebook group I follow last month… it’s really messed up and petty to sue somebody over a name😂 I just change the name to Explosive coco balls🤷🏽♀️😂
Lol 😆 I like it!
Great info.
As ridiculous as it may seem…..there will ALWAYS be a [ ˋsomebody‘ ] that will inevitably challenge what you are attempting to create.
Be diligent in research…..check everything you are considering…..if possible seek legal advise…..
Appreciate that you shared this here on your channel🥰
Hot mess! Shouldn’t be able to be trademarked. Too broad of a term .. it’s like cherry cheesecake or chocolate cake.. candy bar.. I mean really.. if they put their unique or company name in front of HCB.. maybe.. but until then..HBC it is! 😂
Yep the commonality of it major but as we see, it’s totally possible. But it’s also totally possible to get it removed!
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 😎 😉
It’s the way you story tell for me🥰
Why thank you 🥰
❤They are/were Very Threatened by your Accomplishments and your Talent. Keep Going!❤
Good for you I love your entire wording on this subject. That's why you can't share with everybody. Sneaky people are around stealing and snooping to say they did it first but that's not true. Great job also the Frankfort company makes the nastiest chocolate in my opinion. Their Easter candy especially it has an after taste never buy that brand anymore. Thanks you are so intelligent trademarking and patents are hard to learn. Thanks stay safe.
“Shrouded in this pear clutching scenario.” I gotta use that in a conversation. 👏👍
Call you're bombs " Hot Choc. BOOMS 😁😁
I came up with cocoa pops it'll be the paper straws and that way there's already a stirer and straw with the cocoa bomb!
Love it! My mom suggested that name too lol. I think that’s what I’m going to start calling mine with the straw and the ones I do with the cakesicle mold and acrylic sticks.
That sounds similar to coco pops a Kelloggs cereal here in the UK, so be careful with that one , wouldn't want you to get into any trouble 😪
@@blueberrymooncakes oh 😳 thank you
The balls formerly known as bombs.
The artist formerly known as prince.
Great Work! Great delivery of the facts. I love your super sleuthy ways!!!
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.
Great researcher you are, awesomeness! how about "bombshell" it does describe you, as well. Much love and prosperity in all your endeavors.
Just sell them as “donations”. If you technically don’t ‘sell’ them but advertise as “donation”.
Bless you for breaking this down.
Thank you! I’m always happy to help!
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.
Actually cake pops were trendy 10 yrs ago so I think they were one of the first to have this concept
I saw it on a 3abn station called the taste if paradise with nyce and one of the members if his team
Oligarchs with enough money can patent or trademark air. lol. I mean, they did... water.
I'm so sorry. This is crazy. Best of luck.
I'm not a lawyer either, but there is a Trademark law that says a trademark can be removed if it becomes a common term. Plus, in order to be breaking it anyway, the "bomb" would have to have a company name and would have to be used illegally that way. (Know someone else who has been through bit)
Forgot to add, if you also look at the Trademark and Patent office rules, it will clearly states that in order for a Trademark to be legal, it has to be used and or operated in more than one country (at least last time I looked)
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?
Interesting, how about "hot cocoa reindeer balls" similar to the idea of "reindeer poop" candy?
That's like saying the word cake is trademarked. I don't see this going anywhere.
But please keep us updated.
It’s like saying “cake” can’t be used because someone else used it
I just believe people should be able to sell whatever the want without someone else getting involved. Lots of people come up with the same ideas that paperwork has nothing to do with. We shouldn't have to stop doing something if we also have that talent. It's food.
Bless you , Keep being wonderful !
1) Choco bomb bombs 2) wonderful warm bombs 3) Melting bomb bombs 4) Melting magic bombs 5) choco magic bombs 6) chocolicious bombs 7) chocolaty bombs
😆 love them all!
If you had been using the term before their filing then you could tell them that you had previous use
I know why they ask people to pursue trademark claims. It's to stop people who would register trademarks with no purpose of pursuing claims, but register to protect small businesses from predators who would.
Hot cocoa melts . Tfs
Thank you for clearing that up 🥰
You’re welcome 😊
New subscriber just based on the excellent coverage of this topic!! Well Done!
You explained this very well. Thanks!