UNION, Maine - A Maine woman is among three herbalists facing a lawsuit by a Massachusetts company, as part of an ongoing trademark dispute. A year ago, Katheryn Langelier, who owns Herbal Revolution Farm and Apothecary in Union, joined two other herbalists in asking the U.S. Patent Office to revoke the trademark of a product called "fire cider."
The herbalists say variations of the substance have been made by many in the field since the 1970s. But Shire City Herbals says its product is a unique creation that needed to protected by trademark.
So, before we wade into the legal thicket here, what exactly is fire cider? "The main core ingredients of this tonic are horseradish, onions, garlic, ginger, turmeric and hot pepper," says Katheryn Langelier. She says the tonic can be used as an antidote to an assortment of ailments, including cold and flu, digestive problems, seasonal allergies and sore throats.
"So herbalists like myself, it's like a common term for us. We all know what fire cider is," Langelier says. "It's one of the first things that you learn to make when you're studying herbalists, herbalism."
Langelier first learned the recipe in the 1990s. The name "fire cider," she says, was created by Rosemary Gladstar, a pioneer in the herbal movement who has been teaching the recipe to aspiring herbalists since the 1970s. "It's been in books. It's been in videos. It's been made by other people. There was never any ownership claimed on this."
In her teaching, Gladstar loosely referred to fire cider as something she created. But neither she, nor anyone else, sought to trademark the name. That changed two years ago when Shire City Herbals, a Massachusetts-based company, registered "fire cider" with the U.S. Trademark and Patent Office.
One of Shire City's owners, Dana St. Pierre, came up with a version of the tonic that was based on a recipe from his German grandmother. The company moved to trademark the name as its financial investment in the production and sale of the product grew. But other herbalists objected to the move. They called for a boycott of Shire City's potion. And they asked the U.S. government to revoke the trademark.
Amy Hueber, one of the owners of the company, would not do a taped interview for this story. But Hueber says the boycott - and misinformation spread by Langelier and other herbalists - have caused her business to lose money. So Shire City has filed suit in federal court, seeking $100,000 in damages from the three herbalists.
"They are claiming $100,000 in damages. My business doesn't even make $100,000," Langelier says. She says she just bought a 23-acre farm to expand her herbal business. But now, as she moves to defend herself against the lawsuit, Langelier is paying her legal bills with money that's supposed to go to her monthly mortgage.