What could a Texas farm and trendy Manhattan vegan eatery have in common? You would mayb e think thar veggies and fruit grown on the farm were sent to the restaurant. However it's somewhat deeper - and darker.It all has to do with a name Dirt Candy.
Regular contributor Kim Severson delved into this battle in yesterday's New York Times Wednesday ZFood section. New York Dirt Candy,a popular vegan eatery on Manhattan's Lower East Side went up against an organic farm in Wimberly ,Texas located directly north of San Antonio. The farm was started by husband and wife team Mitch and Tracey Cutler who wanted a better life. Although their restaurant La Fondue in Saratoga California was doing well and receiving rave reviews .they wanted a simpler life. After suffering prostrate cancer Mitch embraced his wife's pure and ayuervedic way of life. Their children were also looking for a simpler life. They found the sleepy town of Wimberley and bought fifty-one acres .They came up with the name Dirt Candy Farm after a night of brainstorming. The problem was Dirt Candy restaurant, owned by its' chef Amanda Cohen. She and her husband, the writer Grady Hendrix came up with the name. It would be perfect for a solely vegan restaurant with such specialties as a kale and cabbage tasting menus. Chef Cohen is no stranger to name copyrights. Her famed fried dough , named Beaver tails, a specialty in her native Canada was challenged by Beaver Tails restaurant. They sent her a cease and desist notice. She no longer made them.
Chef Cohen did the same to the Cutlers. They changed the name to Dirt Candy Farms. They could lease the name from her for a nominal fee and no royalties. That worked - for a while. The question of Ms. Cohen approving artwork they may use on their farm - it's also a vacation spot with rental cabins - came up. The Cutlers hired a lawyer and tried to get a registered trademark. Their request was denied.They could still fight. After all they already spent $10,000 on legal fees, yet to continue would cost $40,000 more. Their son Sky realized that forty grand could buy more farm equipment that they needed. After so many new names tossed around they changed their farm's name to Wild Candy Farms. It worked , yet not without some fall out.The story made it to local television stations as well as social media. Wimberley locals told Ms. Cohen to be kind on her Instagram. Facebook blew up with locals leaving kind comments about the Cutlers. LOcal farmers market who carried the Cutlers' produce fumed about the intrusion of an outsider. Vanessa Simpson who manages a local farmers market wondered why this ever happened. Many businesses shared the same name.
Dirt Candy is more of a brand than a restaurant. It has been around long than WIld Candy Farm.It is a lesson for any entrepreneur to learn from.
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