A Crafts Community For Craft Ideas & DIY Projects - Craftster.org
Help | About | Contact | Press | Advertise | Terms | Site Map
Welcome, Guest.
Please login or register.
Random Tip: Fanatic Friends of Craftster now have the ability to disable ads on Craftster! Read more here.
Total Members: 296,602
Currently Running With Scissors:
746 Guests and 36 Users
Home Craftster Community Crafting Articles Craft Tutorials My Craftster Crafting Calendar City Guides Craft Shop


Pages: [1]
Jump to page:
  Show Images Only     Send this topic  |  Print  |  Bookmark  
Topic: What is when a blogger has your name? Trademark problems  (Read 501 times)
Tags for this thread:  Add new tag
Share the love... Pin it Submit to reddit add to Wists
1+
 
wherethewild
Offline Offline

Posts: 134
Joined: 18-Jul-2004

Stitchalicious.com - funking up embroidery!


View Profile WWW
« on: August 06, 2006 01:57:34 PM »

Hi everyone,

I have started a craft business and picked a great name. Unfortunately, it was so great someone else thought of it and in the same week that I put in the trademark (months after I picked the name) she started a blog with the title. Now the trademark should be through shortly (it takes a while) and I have products ready for release (including the name/logo) and I own the dotcom, how should I approach this blogger?
She has a large following (as most craft blogs do) and Im sure therell be a "You stole her name!" backlash against me, even though that wasnt the case. Im worried she may start that herself and want to approach her in a nice way.
But how do I do that? if I own the trademark then I have to prevent her from using it or I lose rights to it dont I? But if I try and do that then I destroy my own business by ostracizing the customers I want.

Any bright ideas?

Jacinta
THIS ROCKS   Logged

Stitchalicious - funking up embroidery

Street art and Graffiti cross stitch patterns!
retro rabbit34
Vintage Vixen
Offline Offline

Posts: 128
Joined: 22-Jan-2006

If i were blonde that would have been a moment


View Profile
« Reply #1 on: August 06, 2006 02:13:48 PM »

is there some wat to send her a message that other people cant read?? maybe she will be understanding

by the way whats the name?
THIS ROCKS   Logged

RAWR! its prehistoric in here! there must be some dinos in the atmosphere
wherethewild
Offline Offline

Posts: 134
Joined: 18-Jul-2004

Stitchalicious.com - funking up embroidery!


View Profile WWW
« Reply #2 on: August 06, 2006 02:55:26 PM »

I can email her directly, the problem is more what to say. Ill have to explain the full situation and hope she understands - but if she doesnt then Im, quite probably, screwed. And Id already invested quite a bit of time and money into the business before she created the blog -and thats money I cannot afford to lose.

For the moment, also, Id like to avoid mentioning the name. I think she should be told first by me and not by a third party in her comments.
THIS ROCKS   Logged

Stitchalicious - funking up embroidery

Street art and Graffiti cross stitch patterns!
stereoette
« Reply #3 on: August 07, 2006 11:52:00 AM »

when did you purchase the dotcom?
how long ago did the blog start?
Is the blogger selling crafts under this name?
have you been producing crafts under this name, or did you just intend to? (in which case i assume you filed an intent to use registration with the PTO)

All of those questions matter, if you're going to try to assert legal rights...

If she's only had the blog for a month, then she might be amenable to change. However, if its been a year, (especially if you've known about it for that long) convincing her might be more difficult (and it might give her a leg to stand on in challenging your trademark registration).

Before you start waving the law around, though, it might be best to just send a friendly toned email that says something like "wow, I own the URL that is the same as  your blog name, and since i paid for it and all, i was wondering if you'd be willing to change your name, or somehow make it clear that I am not sponsoring your blog?"  I wouldnt mention trademarks at first, b/c that can be offputting to some people. Just explain the time and money you've invested, and you will probably be able to work it out with her!
THIS ROCKS   Logged

http://www.stereoette.com

handmade with my headphones on
Threads you might like:
Pages: [1] Jump to page:
  Send this topic  |  Print  |  Bookmark  
 
Jump to:  



only results with images
include swap threads
advanced search



your ad could be here!

How-To Videos
How to Make a Kirigami Piano Card
How to Make a Kirigami Sign for Spring
How to Make a Kirigami Chinese Lantern
How to Make a Kirigami Sheep
How to Make a Kirigami Butterfly
Latest Blog Articles
July 23, 2014 Featured Projects
Tute Tuesday: Fabric and Felt Bird Ornament
Cardboard Tube? Craft Supply!

Comparison Shopping




Support Craftster
Become a
Friend of Craftster

Buy Craftster Swag
Buy Craft Supplies
Comparison Shopping

Craftster heartily thanks the following peeps...
Moderators

Follow Craftster...






Powered by MySQL Powered by PHP Powered by SMF 1.1.11 | SMF © 2006-2009, Simple Machines LLC
SimplePortal 2.3.5 © 2008-2012, SimplePortal
Valid XHTML 1.0! Valid CSS!

Copyright ©2003-2014, Craftster.org an Internet Brands company.