Small Business Policy
Back in 2016, Homesick was founded by three friends who missed home and wanted to connect to the places and memories that mattered most to them. And so Homesick was born with scented candles inspired by Florida, Georgia, and Texas.
Although we’ve grown from those initial three candles to our 150-strong line up, we still have the same entrepreneurial spirit, and respect for small businesses.
If you are a small business owner or entrepreneur and want to sell candles or related products under trademarks similar or identical to those owned by Homesick, please reach out to us at firstname.lastname@example.org to explore the possibility of a license or coexistence agreement. We also view this as a potential stepping-stone to further partnering with small businesses.
What is a coexistence agreement?
A coexistence agreement is a legally binding agreement between two parties in which the trademark owner allows the other party to continue selling a product that features similar or overlapping trademarks.
Why does Homesick own trademarks in the first place?
Without trademark protection, we cannot protect our business. We have previously had to stop selling some of Homesick’s best-selling candles because larger trademark holders ordered us to do so. As a result, we made the choice to own the trademarks ourselves, rather than have larger companies own them and order Homesick, and smaller business owners, to stop selling.
What trademarks does Homesick own?
Homesick owns a number of trademarks that are specific to our products - candles, and home fragrances. These include a number of locations, as well as zodiac signs.
We also license trademarks from other third parties such as sports leagues and entertainment properties in return for sharing a percentage of revenue. We cannot enter into coexistence agreements for these trademarks, as we do not own them.
Has Homesick always had this policy?
No, we have modified our policy following conversations with D’Shawn Russell, the founder of Southern Elegance. At Homesick, we listen to our community and learn how to best do business in a way that is fair and true to our values. With D'Shawn's input, we now have a policy better aligned to our values and supporting small businesses.
Terms and Conditions
These terms and conditions ("Agreement") govern the offer made by Homesick BVG LLC ("Homesick") to entertain coexistence agreements with small businesses for the use of certain trademarks. By contacting Homesick to explore a coexistence agreement, you acknowledge and agree to comply with the terms set forth below:
- Purpose: The purpose of this coexistence agreement is to allow small businesses to thrive in the marketplace while fostering fair competition.
- Eligible Trademarks: Various trademarks owned and controlled by Homesick, including specific locations and zodiac signs. Please note that coexistence agreements are only available for trademarks owned directly by Homesick. Trademarks licensed from third parties, including sports leagues and entertainment properties, are not eligible for coexistence agreements.
- Evaluation Criteria: Homesick will consider coexistence agreement requests on a case-by-case basis, taking into account factors such as the size of the business and the potential for market confusion.
- Fees: There are no fees or costs associated with requesting or entering into a coexistence agreement.
- Duration: The initial term of the coexistence agreement is three (3) years from the date of execution. Upon expiration, there is an option for renewal subject to mutual agreement.
- Small Business Responsibilities: By entering into a coexistence agreement, the small business agrees to use the trademarks agreed upon in good faith and not with the intent to pass off its goods as those of Homesick.
- Homesick's Responsibilities: Homesick agrees not to challenge the small business's use of the agreed-upon trademarks during the term of the coexistence agreement.
- Confidentiality: No confidential information is expected to be shared during the negotiation or execution of the coexistence agreement.
- Termination: In the event of non-compliance with the terms of the coexistence agreement, Homesick reserves the right to terminate the agreement.
- Limitations: This offer does not extend to industries or businesses where the use of Homesick's trademarks may cause serious confusion or conflict.
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.