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Old 01-26-2010, 08:06
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NYgalinPA NYgalinPA is offline
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Join Date: Oct 2009
Location: Pittsburgh, PA
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Default Re: quick question about trademarks....

I am glad you weighed in on this. I think people get annoyed with trademarks and see it as a big mean business cracking down on the little guy, but they are just protecting their intellectual property, their reputation, and their profits.
Those who get annoyed with trademarks, think about this way. What if someone set up shop with the same business name as you and started selling subpar merchandise. It would hurt your sales and reputation and you would, rightfully, get annoyed. This is the same situation with disney, twilight, etc. They want to protect their name and reputation so that means they dont want unauthorized products in the market place.

Originally Posted by lestissusbows View Post
I can speak from both sides of the someone who got "busted" and also as a trademark/copyright holder on a name for one of my products.

Long story short: I used to have a name on ebay and etsy that resembled a dr. seuss character, I had been in business 4 years, legally registered in my state with that name doing business as etc. Dr. Seuss's widow "found me" on the internet, and their lawyers sent me a cease and desist order. I had to IMMEDIATELY stop selling under my name, even though it wasn't exactly the name, it was inferring that I was associated with their trademark/patents/copyrights. (I know this because my bro is also my lawyer). It was like starting over again, I had to delete my website, leave all my feedback on ebay & etsy behind etc. It was a nightmare. Even though I spelled the name differently, it didn't matter. That is why I always recommend that people do patent/trademark searches, google searches, ebay & etsy searches BEFORE they create an id. I'm not an expert, I just know they wanted to sue the pants off me if I didn't change everything. It totally s*cked! In my experience, it depends on who you are dealing with, Dr. Seuss & co. are KNOWN for being HEAVY and HARD on people for infringement, although I see many people still copying their characters, I guess I was just unlucky to pop up on their radar & get nailed in a big way.
Taggie blankets were like this a while back too...I don't know about jonas bros or their reputation, like someone else said, it's all about if you want to take the risk.

On the other hand, I hold a trademark on the name "Raggie bow" and when I sell my instructions, I ask people not to use that name to describe their bows. I know I don't own the idea exclusively, but I do own the name, and I want people to know when they see "Raggie bow" they're getting one from me. (does that make sense?) it's like I want them to know the quality is going to be a certain caliber. Some people have used the name and I've had to have my lawyer (brother) contact them and ask them to stop. (not making the bows, but just using the name). People probably hate me for it, but I ask nice first and if they give me attitude back, then I pull out the big guns. LOL It's worth it to me to protect the quality of my products.

I know this doesn't specifically answer your question about how to word your listing, I'm sorry, that's a decision you have to make, I just wanted to share my experience on both sides of it. I'm not judging, or anything at all, because I've been there, girl!

Best of luck to you,

and sorry this is such a wordy reply!! LOL!!
I'm sure your bow is very cute & will sell lots & lots

I am just here for supplies, leave the drama at the front door...
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