Violation Trademark

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Update:

SORRY FOR THE LONG WAIT

I had to send all my trademark information into ETSY's attorney. They then researched my trademark which is registered, they contacted her and had her remove it. They then emailed me this.

RE: Allegation of Infringement by a User

Dear Ms. Johnson:

Thank you for your notification dated May 3, 2009 regarding the possible infringement of Smell It Like It Is's rights by a user of our service. Etsy is a venue and in accordance with Etsy’s Policy, we have removed the active material available for purchase and contacted the user(s) of our service. We appreciate that you contacted us. Please let us know if we can be of further assistance.

Sincerely,

Sarah Feingold


So they had her remove it from her site. I shouldnt have had to go through all that for her to just simply, click, and remove :roll:

The best money I have ever spent... trademark
 
congrats - this woman was clearly in the wrong, and even MORE clearly NOT the kind account to be accidentally connected with. IMO.
 
This is something we will probably all experience at one time or the other, just because of the technical information age we live in.

Back in the day before internet, you could go to 50 little towns in 50 different states and probably 25 of them would have a "Main Street Diner" or a "Joe's Body Shop". They didn't know about the others and as long as they were the only one in town, no problem.

But now that everyone is online and we are not only concerned about someone else in our town using our name, but we are concerned about anyone else at all using our name (and this could potentially encompass the entire globe) it becomes a really big problem. There are only so many words in the english language, and there are lots of phrases that so perfectly describe certain crafts, arts or products that no doubt lots of people will want to use them. And it doesn't necessarily mean they stole it, they could very well have thought of it on their own. When I was playing with names for a soap business I made lists and lists and lists of names that my husband and I thought of. When I googled them it was amazing how many were already in use. Some of them were in use by someone halfway across the world, but because of the internet they could just as well have been next door to me.

I can certainly understand your frustration. I myself was frustrated when a couple of names I really would have loved to use were already in use, but this situation does not surprise me at all.

Glad it all worked out for you. And good for you for getting the trademark. That will be something for me to keep in mind.
 
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