Wimberley farm says they received cease and desist letter from NY restaurant with similar name

WIMBERLEY, Texas (KXAN) — Produce farmers in Wimberley said they were shocked when they received a cease and desist letter from the attorney of a New York based restaurant with a similar name.

Sky Cutler and his dad Mitch started Dirt Candy Farm about three years ago.

"I like farming small, I think that is the way of the future," said Sky as he walked through fields of produce.

The Cutlers said when they decided on the name "Dirt Candy Farm" they didn't have any knowledge that there was a restaurant named "Dirt Candy" in New York.

"About three to six months later we had heard of the name, but didn't think anything of it because we already did our research and there was no Dirt Candy Farm," Mitch said.

The Cutler's told KXAN in early April they received a letter from the attorney of the owner of "Dirt Candy" in New York stating the Cutlers were infringing upon the owner's trademark. The letter also said other valuable rights in the Dirt Candy mark in violation of federal law and state statutory and common law.

KXAN reached out to the attorney listed on the letter, but at the time this story aired there was no response.

"We have a different name, a different font, different state, different industry," said Sky. "It was really surprising."

"Obviously the name Dirt Candy Farm in Wimberley, Texas is in the agricultural industry and has no connection to Dirt Candy the restaurant in New York," Mitch said.

Mitch said their intention has been to grow fresh produce and distribute it to the community, and he hopes they can reach an agreement.

"I feel like we can both coexist; they are doing restaurants, we are doing farming," Mitch said.

The Cutlers said they have hired an attorney and are hoping to work things out.