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Topic: An Etsy Seller Using My Business Name  (Read 1597 times)
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mellymellun
« on: February 29, 2008 11:47:13 AM »

Hello,
I would love to get some other opinions about a situation. I have a website where I sell handmade handbags and a blog where I document my current projects. I do not sell on Etsy. My friend did a search for my site and an Etsy seller with the same name came up. My business is my unusual lastname + designs, which is also my domain name and part of my blog address as well. This seller is selling handmade earrings with beads so we aren't in competition with eachother on products.  I don't know if there has been any confusion since she just set up her store last week.

Is there anything I can do or should I just suck it up and hope there isn't any confusion. I have a pretty good understanding of intellectual property law so I know I don't have a strong legal argument to make her stop using it.

Any advice would be greatly appreciated.
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CraftyChef
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« Reply #1 on: March 02, 2008 06:46:50 AM »

You said it. You've got no real argument, and she's selling something you're not (at least for the moment). This is when you have to decide whether or not to plunk down the money for a trademark, and if that trademark is going to cover your competition (covering "fashion accessories including..."?).

The only other thing would be to ask politely if she would change it. If it was me, I would say no to that. She might not have even checked to see if someone was using it if the name is that unusual.

If I was going for a trademark, I would notify the other gal asap once I got it. If she's just opened, it would be less painful to change her name earlier than later.
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tothepointe
« Reply #2 on: April 15, 2008 07:03:25 PM »

If you don't have a trademark then you don't have an arguement like you said and even if you did it would have to be a very similar product to have a case. I've been on the opposite side of the arguement when I had a dance shoe business ( I still do but different name) and a dance studio which spelt it differently who had a sevicemark sent me an email try to get me to cease and desist. Now I guess she didn't know I was a law school dropout and I sent her a barrage of reasons why it wasn't valid. Servicemark not trade mark, different spelling and different product/services.
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ashley_spatula
« Reply #3 on: June 16, 2008 02:06:46 AM »

It is most likely just a coincidence, like she has the same last name as you.  There are lots of people that use their last name + designs. 
I wouldn't do it just because my last name would just be silly.  Smiley

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dejavugirl
« Reply #4 on: June 27, 2008 04:11:50 AM »

Even though there may be no legal reason for her to give up the name, you may want to contact her anyway - not to ask her to do so, but just to give her a head's up.  She may choose to change her name voluntarily once she realizes that someone else making handmade items already owns the domain and has a blog devoted to handmade projects.  She herself may wish to avoid the possibility of being confused with your business.  And as CraftyChef said, it's better to know for her to know earlier than later, it will be easier if she chooses to change it.
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