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August 22, 2016 AT 8:01 pm

Car-Freshener (Julius Samann) go after Sun Cedar @ShineCedar

Adafruit 1579

A long time ago, we were sent a letter from a lawyer stating we could not have an image of a Christmas Tree blinking project where we said “we do not sell these and will not” so we have a special place in our hearts for anyone told they can’t (or can) use a tree (https://blog.adafruit.com/2009/12/17/happy-holidays-adafruit-receives-a-letter-from-lawyers-representing-velleman/).

Sun Cedar (http://www.sun-cedar.com/) is a non-profit green manufacturing organization that hires the homeless and ex-offenders. The Kansas not for profit makes cedar wood ornaments. It has been sued by the Car Freshner people (who make tree-shaped cellulose car fresheners) because Sun’s cedar wood ornaments are cedar tree shaped.

CAR-FRESHNER has a trademark section on their site:

“Please don’t misuse our trademarks. Not on clothes, not in your ads and certainly not in your burgeoning air freshener business. … There’s another reason we don’t tolerate intellectual property theft. We have over twenty registered trademarks (as well as many unregistered ones), and in order to keep them, the law requires that we take action when someone is using them without permission. So, whether you’re calling your new car-seat cushion-fluffing business “Car-Freshner”, or you’re using our Tree in your pet store ads, don’t be surprised if you get a letter (or more) from our legal team.”

On the site it says “The Tree design, CAR-FRESHNER, and LITTLE TREES are trademarks. © Julius Sämann Ltd.”

Sun Cedar’s lawyer (coincidentally, Adafruit lawyer too), filed this Answer:
“The Answer We Filed On Behalf of Sun Cedar in Car-Freshner v Sun Cedar”.
http://www.schwimmerlegal.com/2016/08/the-answer-we-filed-on-behalf-of-sun-cedar-in-car-freshner-v-sun-cedar.html

Interesting case, we’ll see what happens.


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