Max Yield Bins to trademark my brand, Microppose? Over my dead body. by Daniel Rogers - September 25, 2023
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To all of my friends,
Given the recent events that unfolded over the weekend, I want to talk directly to the people in the mycology community who've been with me since day one.
TO CLARIFY THE MAX YIELD BINS SITUATION…
The first time I did business with Max Yield Bins was January 15, 2021, almost 3 years ago. I was excited to work with them because they'd made such a remarkable new product–the first purpose-built injection molded "monotub."
I was excited to see where they'd go in the myco community.
Their sole interest in Microppose was for the 2" tub filters you're all familiar with. I happily supplied them with these filters.
After a while had passed with no re-up orders, I emailed one of the founders to inquire if they would still be carrying my filters. When I got no response, I sent another… aaaand another… Ghosted…
Our final transaction occurred on August 19, 2021, and I received no further correspondence with them until 2023.
We're a small community, so it didn't take me long to find out that they were making their own 2" filters for their tubs. Although I was disappointed because it was quite a big account for me then, I stepped back and honored that they had decided to produce their filters independently.
In the beginning, Max Yield Bins had used the name Microppose in their branding, advertisements, and metadata because they carried legitimate Microppose filters.
As you know, I worked hard to make the Microppose name stand for quality.
When they were carrying MY products, I was glad to be associated with their brand name, too. It was mutually beneficial. The moment they stopped using my filters, sometime after August 19, 2021, the ads, metadata, and language using the Microppose brand became misleading, because they no longer sold Microppose products.
Even today, if you look up Microppose filters on Google, among the top of the listings, more often it's the first listing, you'll see a Max Yield Bins product.
Max Yield Bins using Microppose Brand to sell their own Filters I would get emails about filter failures from people who had bought Max Yield filters, thinking they were mine.
My reputation took a hit. Yet, I believed there was more than enough space for both of our businesses to thrive.
Recently, my brand has come to maturity. I came out with the autoclavable dishes. I released some of the best quality disposable dishes and priced them at cost. Not only did I get to see your amazing cultivations, but you also helped support my brand through your likes and shares. All of which I greatly appreciate.
Most recently, I engineered and launched the Microppose monotub series, featuring 3 sizes.
On June 5, 2023, almost immediately after the pre-release promotion of the monotub line, Max Yield Bins reappeared out of nowhere with a phone call from one of the founders. It felt like a feel-out call to me. He asked questions like "Where did you manufacture the tubs?", "What are your wholesale and retail prices?" and "When do you plan to release them?" etc. Questions you would ask if you were a tactician trying to figure out a plan of action moving forward. The call was short; I answered only the questions I'd already made publicly visible, which was essentially the extent of it.
Over the last month and a half, there have been a LOT MORE advertisements and posts from Max Yield Bins featuring my business name popping up in my social media feeds. “MICROPPOSE FILTERS” in big capital letters.
I eventually got fed up with my brand appearing to sell another company's filter that, in my opinion, is inferior and, most importantly, did not go through my hands or feature the same quality of adhesive and material that I use.
They were using the Microppose name, a name I built from nothing to a name recognized for products that support the community I care deeply for. They used my branding without putting in the work or understanding what effort went into my business. A business I started with my last $300 when $300 meant the world to me.
On Friday, September 22, 2023, I contacted my attorney.
I wanted Max Yield Bins to take down any and all forms of advertisements, content, metadata, etc., that implied they were selling genuine Microppose products. I was tired of seeing it and I wanted to protect my mark.
Not an hour after I called my attorney, he told me that on August 17, 2023, Max Yield Bins had filed for a Trademark for the Microppose name.
This is clearly an attempt to steal my name and the rights to it away from me.
They’re attempting to claim ownership of Microppose, a brand that I put my blood, sweat and tears into, my money into, a brand that I created and established from the ground up.
The categories they filed for under this Trademark would specifically prevent me from manufacturing or distributing filters, liners, bins, and other tools and accessories for gardening, food production, or mycology. It would be the end of Microppose as you know it now. It could grant them the legal authority to sell their products as Microppose products, making them indistinguishable to new customers and many folks in our community.
From my perspective, it was an attempt to stomp out healthy competition in the marketplace that could bring you better prices and higher-quality products. In my opinion, it is a sick and underhanded tactic to use Big Brother to kill my business and take me out. Fucking unacceptable.
THIS WEEKEND, I REALLY LEARNED THE POWER OF COMMUNITY…
Thank you to all of those who went to bat for me this weekend. I always knew, but you all showed me yet again how a community supports and protects each other even when it doesn't benefit the individual. We look after one another because we know community is the heart of mycology.
Mycology isn't just an "industry", or a group of pockets to be exploited. Not a place for some company to park their cash, or some big entity to crush the competition with dirty and despicable business practices… we're a community here for each other.
But I warn you all, more of this is coming.
As this market grows, our food and medicine will become increasingly commoditized. What was once considered a sacred spiritual tool and human right will become some expensive sterile experience in a doctor’s office.
As we've seen in the past, the 'privilege' to grow will go to those who can afford the exorbitant barriers or have the best relationships with the "powerful" people. More private money will flood in, and to consolidate this market for the "big-money" players, more community-focused mycology startups will experience underhanded tactics designed to force them out of business.
As with my unfortunate recent experience, some of these companies may try to steal your name and goodwill by using the government and deep pockets to strong-arm us because there is no room for you and me, and for them friendly competition will not be tolerated…
But, if you have seen the movie "A Bugs Life" you’ll know that us “small players” are destined to come together to beat these giants.
These looming giants are akin to modern-day colonizers. They use tyrannical behavior to take our livelihoods, medicine, and rights from us to enrich themselves with our gold while obliterating our culture.
They aren't us, and they don't belong with us. If we want to keep our community safe, folks, we need to practice tolerance, compassion, and cooperation with one another.
THE FUTURE WILL BE THE SAME FOR ME AS IT WAS BEFORE THIS WEEKEND…
If I have to fight Max Yield Bins in court for this blatant trademark theft, I believe it will be quick, albeit expensive work, but end in my favor.
That said, I hope Max Yield Bins decides to do the right thing and terminate their filings in the USA and possibly other countries.
No matter what, I will continue to make tools for mycology under the Microppose name or another. I assure you, you have not seen the last of me. No matter the outcome in the coming days, I will still be doing what I've always done. Make cool shit for mushroom people.
THE ONLY WAY I KNOW HOW TO THANK YOU…
I don't know how to thank everyone who came to my defense. I really wish that there was something that I could offer other than my absolute gratitude that everyone showed me love and went to bat. There is only one thing I have to offer I guess and that's what I have on the website…
I'm going to run a 25% off promo for a week that will end next Monday (October 2, 2023). Use the code "MICRO25" and all retail sales will be 25% off. Everything.
I also hope you can continue to support the creators and innovators in this space, especially the creators who stood up for me. It sounds trite, but, like, follow, share are powerful actions to ensure our community grows and remains strong.
Again, thank you everyone. You all definitely made a difference in the direction of this whole ordeal.
Love,
Daniel Rogers,
Founder @Microppose
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