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1  CRAFTY BUSINESS ADVICE / Crafty Business Discussion / Re: HELP! I got a Cease & Desist...what should I do now?!? (EDITED w/ "Resolution") on: July 10, 2009 08:32:57 PM
I know it's been awhile...but this recently came to light: http://www.tabberone.com/Trademarks/HallOfShame/CyberCops/ContinentalEnterprises/ContinentalEnterprises.shtml. A company that sent Cease and Desist letters has been named in a federal lawsuit alleging trademark extortion.

I just wanted to share this in case anyone else has/had an experience with this type of situation (as I know of  a band that was contacted by a company and paid them for "infringement" though the money most likely never went to the company that was "infringed" upon). Before sending anyone money, do your research. I am so grateful for this forum as it really helped me get through this. I am really glad I was able to get a lawyer and find support here.

Thanks again, everyone!
Happy crafting!
2  CRAFTY BUSINESS ADVICE / Crafty Business Discussion / Re: What to do if another Crafty Business has the same name? I believe mine was 1st! on: June 17, 2009 05:10:10 AM
i understand that there are lots of "pink" whatevers and pink bird's out there and on etsy...i think my concern was that this shop of crafty goodness has the same name as me. PinkBird Creations (just with a space in between pink and bird). There are other similarities as well, such as blog names, etc.

My concern is really, customer confusion. if someone googles one of our shop's names the other's appears (and same for the blog). While I don't think this person did it intentionally, or perhaps years ago they saw my site and it subconsciously stuck in their head, whatever.

I guess my question was more about Common Law Trademarks since I was most likely using the name first could I simply request her to change it to something else, by dropping/changing the "creations" part. I was also interested to see if anyone else had something like this happen and what did they do.
3  CRAFTY BUSINESS ADVICE / Crafty Business Discussion / What to do if another Crafty Business has the same name? I believe mine was 1st! on: June 14, 2009 04:12:09 PM
Please forgive me if this topic has been covered....i actually have been absent from Craftster for awhile (my life got really bust recently). I've done a bunch of searches but can't seem to find what I'm looking for.

Anyway, my question is, what do I do about a company that has the same store name that I do and I believe I was using the name first. My store name is not officially trademarked, but I believe/thought if you could prove you'd been using something like a name/logo publicly that you could claim it as being yours. (Does that make sense?)

I know when I began using my shop's name a number of years ago, that there was no other crafty store online with that name (I researched it to no end), and now there is. I researched how long the site with the same name as mine (http://www.networksolutions.com/whois/index.jsp) has been in business and it seems it only began about 9 months ago. (Had they Googled the name they would have come upon heaps of hits for my store).

The other issue is that my shop name is PinkBird Creations, where PinkBird is one word, this other company is Pink Bird Creations, where Pink Bird is 2 words. Does that matter? Also, I am in the US, and it appears this shop is in the UK.

Now, do I send them a cease and desist? Do I kindly email and explain that I had the name first and recommend that they change theirs so that our customers aren't confused? (I really don't want to tell people the name of my shop and have them go to that site accidentally--b/c even though we both make crafty things, they are quite different, and vice versa, I'm sure).

Any suggestions or advice would be fantastic!
Thanks, Create a great day!
Smiley
4  JEWELRY AND TRINKETS / Trinkets and Jewelry: Completed Projects: General / Re: felt flower hair clips on: March 09, 2008 11:59:02 AM
those are so cute! i love the orange one!
5  CRAFTY BUSINESS ADVICE / Crafty Business Discussion / Re: HELP! I got a Cease & Desist...what should I do now?!? (EDITED w/ "Resoluti on: October 04, 2007 05:43:27 PM
Eliea, yeah, the issue was the logo, not the cap itself, so you could do whatever you want to the cap, paint it, collage it, etc.
6  CRAFTY BUSINESS ADVICE / Crafty Business Discussion / Re: Can you sell Guitar Pick Jewelry? on: September 29, 2007 06:42:54 AM
i had an issue (which you can read about here: http://www.craftster.org/forum/index.php?topic=148194.0) when making bottle cap earrings, i eventually had to get a lawyer.

anyway, someone in that thread actually brought up the First Sale Doctrine....and i talked to my lawyer about it. It's still a sticky issue, and my lawyer felt it was best to avoid using logos and brands all together.

I also think if you're using the brand in the items title when you sell it, like "Fender Guitar Pick Earrings" that could be an issue with Fender, b/c they might see it as you using their name to sell your earrings. If you just said "Guitar pick earrings" that might be another story. And, really if someone wants guitar pick earrings they may not be too concerned about the brand anyway.

I think it's also a good idea to put some kind of clause in your listing or on your site that says something like, "brand names used are owned by those brands and we are not connected to that brand." (that's really rough, you'd have to re-word it, of course). Because you never know....better safe than sorry, i guess.

If you check out the first page of the thread i mentioned above, i compiled a list of recourses about this type of thing, which may help.
Good luck and happy crafting! Smiley
7  CRAFTY BUSINESS ADVICE / Crafty Business Discussion / Re: HELP! I got a Cease & Desist...what should I do now?!? (EDITED w/ "Resoluti on: September 29, 2007 06:33:18 AM
bluwave06, thanks!

someone actually brought up the First Sale Doctrine here....and i talked to my lawyer about it. It's still a sticky issue, and my lawyer felt it was best to avoid using logos and brands all together. I also think if you're using the brand in the items title when you sell it, like "Fender Guitar Pick Earrings" that could be an issue with Fender, b/c they might see it as you using their name to sell your earrings. If you just said "Guitar pick earrings" that might be another story....after saying all that, now i'm off to read the thread you mentioned about it!
8  JEWELRY AND TRINKETS / Trinkets and Jewelry: Completed Projects: General / Re: Apple Tree Earrings! on: September 04, 2007 04:58:44 AM
those are so cute! i love how you kept a sort of circular shape, and i love the wood-grain trunks! great work.
9  JEWELRY AND TRINKETS / Trinkets and Jewelry: Completed Projects: Reconstructed / Re: the new trend:ribbon covered bangles...TUTE! - morbidly obese in the image a on: August 09, 2007 07:05:43 PM
fantastic! I've actually been covering ordinary plastic bangles (like from the 80s that are now "in" again--i had a bunch left over from the 80s and decided to "update" them a couple years ago) with ribbon.

I love your tutorial, i never would have thought to make my own bracelets and with cardboard! brilliant!
10  JEWELRY AND TRINKETS / Trinkets and Jewelry: Completed Projects: General / Re: further variations on the infinitely variable ribbon bangle on: August 09, 2007 07:01:19 PM
wow! i really like the raffia ones (with the modge podge), those seem different from what you usually see.
I also have to ask, where did you get that cupcake ribbon? it's so cute!
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