A few days ago, the creator of concentrated aromas and e-liquids "Ladybug Juice" declared via his official Facebook account having had his name “stolen”. (See article). We obviously contacted Aéroma, the incriminated company which agreed to use its right of reply to the charges laid.
AEROMA LABORATORY PRESS RELEASE CONCERNING THE "LADYBUG" CASE
On Sunday 27 August 2017,« The AEROMA laboratories, which have bottled the Lady Bug throughout its launch period for over a year, do not use this brand at all, which remains exclusively operated by Mickaël Pillain. Juridically Mickaël can without problem show his anteriority and prove the use of this mark and this especially since I have legally signed an industrial shaping contract with him which, in its object, bears the name "Lady Bug". This contract predates the trademark registration (almost 18 months). Clearly, if legally I have registered the mark, practically I can do nothing with it: I would be immediately and legitimately attacked. It is therefore abusive to speak of theft and, on the contrary, it is a process of “securing” the brand that motivated my action.
The brand was protected simply to give a helping hand to Mickaël who is indeed an enthusiast and who at this point did not get involved at all. As an industrialist, I had already worried about it with him, as on other subjects - the declaration of his formulas, compulsory at INRS in particular within the framework of the CLP. Its method of creation, which results from the mixture of aromas already made with American sourcing, makes it a little complicated to deposit formulas without precise molecular screening. I invited him to do so. He told me that everything was in order. The Lady Bug brand is already registered by its creator (the inventor of the comic book character) in many classes but remained available in class 34, that of tobacco and E liquids. So I took the initiative to block the brand when I saw that Mickaël had not done so. The brand was vulnerable.
It turns out that I like Mickaël, even in his excessive outbursts which make him sympathetic, so I chose to help him within the framework of our partnership.
This setting in protection is done in a precise timing.
In fact, he abandoned the AEROMA laboratories in January 2017 after a price negotiation covering 1 T of products to be bottled per year. It does not inform AEROMA laboratories of its intention to stop production although it is contractually bound. I discovered incidentally that he bottled at Kapalina. I sent him a lawyer letter in May 2017. Beyond the commercial problem, I need to know if I should put the planned quantities in the provisional schedule or not. The market for caps is tight as a result of Bericap's manufacturing issues and I have to anticipate. Following this letter we call each other and decide to continue within the framework of the contract (which is therefore renewed) a one-off collaboration which could relate to the bottling of 30 ml. The contract is therefore never formally broken, on the contrary, new productions are envisaged.
It is therefore as a partner that I act. An employee in charge of trademark registrations tells me that the mark is vulnerable because it has not been registered, I ask him to do so. I plan to talk to Mickaël Pillain about it, I don't do it immediately, I forget, I moved on, I have other concerns, the automation of the casing in particular which is eating up my time and my energy. True industrial problem. The subject would have come back to the table if he had contacted me, he is not contacting me, so I skip. AEROMA is a young SME and there is no shortage of work and problems.
My alerts and my contacts warn me of the bad buzz this Saturday which implicates the AEROMA laboratories but also my person in very violent and defamatory terms: I would have stolen the Lady Bug brand to make an unfair competition with the original. This is legally, technically and commercially false.
- the brand is legally free so I don't steal it
- I do not operate the brand so I do not create any damage to Mr. Pillain who continues to develop his business. On the contrary, during the period from May to August the mark is protected and therefore sheltered from possible predators.
- I am just making a trial of intention when nothing can show any hostile intention on the part of AEROMA which in fact had none.
I can't act immediately I'm on my way home from my vacation. It is therefore only from 22pm that I can act while being able only to note, disappointed, the extent of the damage. AEROMA laboratories are really dirty.
I ask the possibility of posting on the fan group Lady Bug of Facebook, this possibility is granted to me. I publish two explanatory notes which calm the debates a little but the damage is done.
I indicate that I am of course ready to sell the Lady Bug brand which is of no interest to me for a symbolic € 1 and Mickaël Pillain decides around 5 am to close the possibilities of posting on the subject of discussion. We agreed to call each other, which was done today (Sunday) around 17pm.
I will officially hand over the brand tomorrow (Monday) to Mickaël Pillain. The debate is now closed.
I regret that Mickaël Pillain, may be ill advised, has chosen the public balance of power rather than calling me. The case, if there had been one, would have been settled in 5 minutes.
I can only regret this bad buzz, in which Lady Bug and her creator have positioned themselves as a victim (without actually being a victim of anything). A very good viral marketing move on social networks: which might explain why AEROMA was not contacted by Lady Bug despite all logic
I regret and I deplore that this bad buzz was made on the back of a young company, AEROMA laboratories, on the back of its manager and its employees, on fallacious arguments of non-quality. It is precisely on quality that AEROMA supports its development by working only with certified and irreproachable suppliers. AEROMA has built its manufacturing process on the basis of the guide to good practices applied in Great Britain BSI PAS 54115 which is an authority and reference in the manufacture of E-liquids.
Patrice Hennion
Aeroma Laboratories "
We point out that this press release was published following the exclusive request and with the authorization of Aeroma laboratories.
