The name Dirt Candy Farm was created at a family brainstorm meeting. The Cutler family sat down in order to discuss our values, motives, intentions, and the name “Dirt Candy Farm” arose then and there! We researched trademarks online to ensure that there were no other businesses named Dirt Candy Farm, and in fact there were not. The inspiration behind the name took root in the idea that the word dirt was so often used to describe something negative/beneath/crap/ or without value. The fact that so many people refer to Earth’s soil as merely dirt, seemed somehow ungrateful and disconnected to us. After all, the planet's existence depends on dirt, without it humanity ceases to exist. In pairing dirt with the word candy we wanted to flip the meaning around. Candy invites one to reminisce back to their child-hood, at the memorable experiences of enjoying a tasty treat. And in fact, the food we consume from the earth is just that, candy. Therefore, Dirt Candy becomes an homage to the earth and the fruits which she graciously provides us.
“While the farmer holds the title to the land, actually it belongs to all the
people because civilization itself rests upon the soil.”
- Thomas Jefferson
After selling under this name for 2+ years (we were established in 2020) we received a cease and desist letter from the restaurant in New York City known as Dirt Candy Restaurant claiming we were in violation of trademark law and that we must stop using the name. We were in disbelief that a restaurant in New York City would lay claim to our name in Central Texas. After all, we are in a different industry, trading in a different supply chain, using a different font/logo, and a different name (farm vs restaurant). The restaurant claimed that since they owned the name Dirt Candy, and like them we use/sell produce, we were in violation of trademark law. KXAN did a story on the situation which can be viewed here:
and here:
From our perspective, we grow/produce, and they prepare/serve prepared food. We are in the business of farming/agriculture, while they are in the business of hospitality/ food service. One would have to be a special kind of person to show up at the 2.5 acre garden of Dirt Candy Farm located in Wimberley, Texas expecting to order a meal from Dirt Candy Restaurant located in Manhattan NYC.
So, of course we spoke to multiple lawyers, who agreed with us, and began the lengthy process of filing our own trademark, spending many thousands of dollars. For those unaware, this process can take a long time, ours took over a year. The person assigned to our trademark case denied our first application because we grow microgreens and the restaurant serves microgreens. Our lawyers advised us to petition and refile as they claimed the officer assigned to our case had no idea what they were doing. They advised us to pay more for a petition, and they would make a more clear/stronger case. We waited another 8 months and the same thing happened. Apparently growing and serving microgreens are easily confused. Again our lawyers advised us to refile claiming this process is normal. We also reached out to the restaurant to see if there was a way to work together. They were uninterested. Each and every time we re-filed, the cost to do so would get higher. We’re a small 2.5 acre market garden, selling at farmers markets. We’re not getting rich doing this, and the profit margins in this business are low. Although we believe ourselves to be in the right, we would prefer not to continue to spend thousands of more money on legal fees fighting a fine dining restaurant in Manhattan. Our business, producing organiK* produce, is growing in leaps and bounds, and the last thing we want is to be confused with a restaurant from NYC. No matter how the final decision came out, the fees to defend the name could be better used to build a brand free from controversy.
We believe that when we focus on the things we want rather than the things we don’t, those things manifest. What we want is to grow the best quality organiK* (K= know your farmer) produce available. We want our community to consume food which makes them feel better and lowers their medical bills. We want to employ more people from the community, and give them the opportunity to connect with and learn from the land. We want to train others to replicate this business model so they can do the same in communities across the nation. We really don’t want to divert our energy/attention/money to NYC. We want our attention to be persistently focused on Wimberley, TX. We don’t want to engage in a battle of egos. When life on earth is complete, we don’t take our names with us. Only our souls, as defined by our experiences and intentions, move on. What’s left behind are remnants from our acts of love. Growing food is an act of love. Fighting legal battles drains love. The obituary of Dirt Candy Farm has now been written. Dirt Candy Farm was a beautiful vision for a more promising future, but like the phoenix transforming, death has led to re-birth. From the ashes of Dirt Candy Farm, arises the newly named Wild Candy Farm!
Wild Candy Farm, pays homage to earth's imperfections. We embrace this raw truth, the imperfections in what we grow are soul marks, not flaws. Here, food tastes like sunlight and soil, not factories. Living things are alive in ways that words can barely hold. They have thorns and bumps, ridges and edges that invite your fingertips to linger. You slurp, bite, and chew them, tasting the wild alchemy of sun and soil. They ooze and squirt, emanating the unmistakable vibrancy of life. Food, in its wildness, is not just sustenance; it is a tactile, messy, glorious reminder of what it means to be alive. We grow food that speaks the language of the untamed. Each fruit/root, carries the story of sunlight filtered through leaves and rain soaked in soil. This food tastes like the earth it came from- raw, real, and unapologetically vibrant. We believe in dirt, not as a mess to be cleaned but as a life-giving miracle. We believe in the idea that 'farming is rebellion', a reclamation of our humanity. And we believe that real food changes everything, the way we feel, gather and live. Let’s nourish a community that connects with the earth and each other, one wild bite at a time!
Thanks to everyone who has supported Dirt Candy Farm thus far. We appreciate it so much, and look forward to growing your food at Wild Candy Farm!
Sincerely, Sky Cutler
Comments