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  #11 (permalink)  
Old 01-26-2010, 08:46
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Join Date: Nov 2007
Posts: 125
Default Re: quick question about trademarks....

Truthfully, I wouldn't risk it. I just did a quick search of trademarks and the have a variety of 'Jonas Brother' trademarks as well as 'JB' trademarks.

I completely agree with the above poster as well since I have trademarked and copyrighted items myself. Every now and again, companies do searches of their protected names and send out cease and desist letters. They have to do this in order to show they are protecting their name otherwise they can lose the trademark they paid for.

I've had to issue a cease and desist twice so far and luckily both people were very nice about it and changed their names right away. Funny thing is, my husband worked with the Dr. Seuss people and yes, they are extremely, extremely protective of their name and rights. They had so many problems and we quite hard to work with.
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  #12 (permalink)  
Old 01-27-2010, 12:26
Join Date: Apr 2009
Posts: 38
Default Re: quick question about trademarks....

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

Good thing I read this! I've seen pictures of the bows pop up that say "Raggie Bows" (in this forum), and thought it was just the type of a bow, like a "boutique bow". I have never attempted to make one, but if I did, I probably would have listed it as "Raggie Bow" without even thinking twice.
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  #13 (permalink)  
Old 01-27-2010, 12:29
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Default Re: quick question about trademarks....

Originally Posted by NYGalinSteerland View Post
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.
Exactly! You said it exactly the way I was trying to explain it, but in a better, more condensed version! LOL!

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  #14 (permalink)  
Old 01-27-2010, 12:53
njzmom's Avatar
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Join Date: Feb 2008
Location: heaven of earth!
Posts: 1,244
Default Re: quick question about trademarks....

so interesting on the dr. seuss thing. you see thing 1 and thing 2 all over the place!!!
are you ever too old to wear bows?!
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  #15 (permalink)  
Old 01-27-2010, 05:00
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Join Date: May 2009
Location: Arkansas - Woo Pig Sooie!
Posts: 310
Default Re: quick question about trademarks....

Lots of good info! Thank you so much everyone! I've about decided to just make one of those interchangeable bottlecap necklaces for my niece and give her the bottlecap to wear instead of putting it on etsy. I just didn't want it to go to waste. I bought it from someone a few months ago before I even THOUGHT about trademark infringement. I totally understand where these companies are coming from....though I secretly still wish I could make money off of them, lol. THANKS!
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