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#1 toonces

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Posted 11 August 2018 - 08:29 AM

Los Alamos has a locally owned department store.  It's been here almost since the inception of the community.  It's not clear to me if it existed since the Manhattan days, but it wouldn't surprise me if it has.  Another locally owned store here has. 

 

After I already submitted the paperwork to trademark Atomic City Radioactive Hot Sauce, I learned this department store shelves and sells Atomic City Hot Sauce and Atomic City Salsa.  And has for some time.  I even went to the store and purchased some to try to learn more about it.  Both products are crap, likely meant as a tourist product.  Not exactly certain, it looks like they may have it made by the first guy in Santa Fe I talked to about being my commercial kitchen (who passed, claiming he no longer had excess capacity).  There isn't a manufacture's address on it, a violation of state law.

 

After I first learned of the products, my trademark attorney indicated we had done a good faith search.  They had no mention of the product on any of their web pages.  What the attorney deduced was they couldn't stop me from marketing and selling my products.  And I couldn't stop them from selling their products inside their store​ (and possibly on their website).  Outside?  Game on.

 

I was going to approach them after I had developed a salsa (it's still in the works, Vagus), so they would have a substitute for both of those abominations they are unleashing on the poor tourists who visit here.

 

Guess who received an email last night from the buyer of the local department store's gift department asking about wholesale pricing?  Incidentally, they're selling their products for $7.98 retail. 

 

Stay tuned, sports fans....


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#2 SchwanzBrewer

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Posted 11 August 2018 - 08:43 AM

So you think the guy that didn't have the capactitties is trying to steal your idea, and now that store wants a better product?


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#3 toonces

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Posted 11 August 2018 - 08:53 AM

So you think the guy that didn't have the capactitties is trying to steal your idea, and now that store wants a better product?

 

Not at all.  Back then that guy indicated he had a hot sauce long ago but when it didn't sell very well, he dropped the product.  And he sells a shit ton of straight canned green and red chile.  And the margin for him is much higher for those products than hot sauce is. 

 

The buyer indicated she saw the product in the local food co-op.  What may, or may not, get interesting is if they are willing (or not) to drop their crap tourist product.  I wouldn't want my products anywhere in their store if they are going to drop their products.  The only thing they close to my products is the name.  The look, the labels, the color, everything is different.


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#4 Dave McG

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Posted 11 August 2018 - 08:58 AM

Nice. I would avoid disparaging the other hot sauce during talks in case the store owner has some personal connection to it. Yours can stand on its own two feet.
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#5 toonces

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Posted 11 August 2018 - 09:47 AM

Nice. I would avoid disparaging the other hot sauce during talks in case the store owner has some personal connection to it. Yours can stand on its own two feet.

 

I won't disparage it.  But, I don't see how I could have both my products and theirs side by side.


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#6 toonces

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Posted 13 August 2018 - 10:35 AM

Rather anticlimactic.  The source for their crap products is no longer making them.  Cool by me.  AC will be on the shelves of CB Fox this afternoon.


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#7 the_stain

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Posted 13 August 2018 - 11:02 AM

That worked out well for everyone, I guess!


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#8 AspenLeif

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Posted 13 August 2018 - 11:14 AM

Nice way to take advantage of an opportunity!
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#9 Don Foolio

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Posted 13 August 2018 - 12:54 PM

So this shit is gone?

atomic-city-salsa-cb-fox-department-stor
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#10 toonces

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Posted 13 August 2018 - 01:14 PM

I looked and couldn't find any.


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#11 Deerslyr

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Posted 13 August 2018 - 08:24 PM

Good placement in the market!  Is it worth having them put up a sign saying "all new"?


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#12 Trub L

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Posted 13 August 2018 - 08:29 PM

Really hate when places try to be "more Mexican" by randomly putting tildes on every n.
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#13 thedisappearer

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Posted 13 August 2018 - 09:08 PM

Really hate when places try to be "more Mexican" by randomly putting tildes on every n.


Right? Man up and toss a jalapeños on that.
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