Analog Music Company’s Evil Pumpkin has been around since 2019 and now they are being threatened by the US brand Fortin Amplification. As Fortin claims their yet-to-be-released Evil Pumpkin has been trademarked in the USA since 2020.
Fortin Amplification has apparently issued a trademark threat to Kyiv-based Analog Music Company over its Evil Pumpkin product, which isn’t even available to buy yet.
The Evil Pumpkin Ghazala is the full name of the Boss DS-1 which has been modified into a noise synth.
The Instagram post by Analog Music Company’s founder Konstantin shares the frankly ridiculous trademark claim email from Fortin Amplification.
“I noticed that your Evil Pumpkin pedals have been sold in the USA. I am sure that you were unaware of this trademark registration so I would like to kindly ask you to stop using the name EVIL PUMPKIN for your pedals as it is infringing the above-referenced trademark.”
“Please let me know if you will be changing the name of your pedals. I see you are living in the Ukraine and I wish you well. Stay safe!”
Analog Music Company Instagram post
While Fortin is trying to steal our “Evil Pumpkin” name with the help of their lawyers (scroll to see their notice), I wanted to share something cool that I recently received. It’s from Reed Ghazala, who actually owns the very first Double Evil Pumpkin and after whom we named our pedal. It’s a dream come true for me to be able to talk and chat with him, and for him to support us – it’s just unreal!
Now, regarding the “Evil Pumpkin:”
1. I have no plans to give up easily. Yes, Fortin is a big company, and it may seem like we have no chance, but the same thing was said about our country last year (as you know, we’re from Ukraine). It’s moments like these that define who you are. Of course, it’s not an ideal situation to deal with – I won’t get into the details of the nightmare we’re facing every day. But I believe in the story of David and Goliath, and I won’t give up easily.
2. As I mentioned in Stories, we’ll be opening up pre-orders for a limited “Evil Pumpkin FF Special” (FF – you can decide for yourself what it means). We’d like to remain friends with Fortin and issue a special run collaboration Evil Pumpkin pedal with them to end this silly situation. However, it requires human values capacity from them, which I don’t see at the moment.
I’m still extending a hand, and it’s up to them whether or not they take it. Until we hear back from them, the FF Special is happening.
3. All 100% of the proceeds from the sales of the “Evil Pumpkin FF Special” will go to charity funds. I want it to be for a good cause.
4. That’s all for this moment. We’re getting ready for tomorrow’s release of the “So High So Low” – until Fortin trademarks that name as well (just joking). Thank you for your support! Together we stand!
Personally, I just think these large American brands that think they can trademark any phrase and apply that ruling outside of the USA are living in a fantasy world.
Then you have to factor in that Analog Music Company doesn’t distribute through any dealers in the US. All its products are sold directly to the customer and from from Ukraine. How Fortin’s US trademark could force a name change is beyond me.
Good luck trying to get a Ukrainian small builder to change a name that they had before you have an actual product.
Let me know what you think in the commenst section below.