I need help! Big problem!

[DeerAbby]

I have a question for you: my name for my blog(with a custom domain), my FB page, and my etsy shop is DeerAbby. Another girl recently (like, both FB and society 6 were registered in October) made a Facebook called Deer Abby and a society 6 shop under the name.

She hasn't yet changed her etsy shop to suit and I sent her a very polite email asking her to alter her name, but she responded basically saying she "looked it up years ago" and basically "TOUGH". What do I do? I JUST started getting really busy with orders and would not like someone siphoning off my audience!

Here's my email and her response:

Hello fellow Abby!
Hi! I just wanted to say, I love your art and am checking you out on Facebook and Etsy, love your paintings! I sent you this message on Facebook, but sometimes people don't get proper notifications for messages from their Page.
Unfortunately, I wanted to let you know, that I am in the process of registering a trademark for the name Deer Abby, which I have been using for years locally and also for my Etsy shop and blog. I noticed you just opened up a shop in that name just a month or so ago, and would kindly ask that you alter it? I'm so sorry! I just want to avoid confusion in the future, as we both craft and have shops on Etsy, etc.
Previous to this, I was the only shop with this name, and I just wish that you had searched prior to adopting the name! I mean no ill will and thank you for your time.
-Abby Cobb

hello abby cobb.
i appreciate you informing me of your plans to trademark the name
"deer abby" but i am choosing to keep the name that i have been using
on various social forums for years. i did my research with the name
before starting to use it in my etsy shop, gmail, and society6 a few
years go. i did my fare share of looking around since you contacted me
last night and i cannot find any evidence that you have been using the
said name for longer than i have. both your etsy shop and blog were
founded in 2012. my etsy shop has been established since 2009 and yes
i recently did make a fan page with the same name. maybe you should
have called dibs on it all of the years that you were using it
locally? i now know your plans and i thank you for the heads up.
good luck with your craft plans.
deerabby.

[Circlesofstone]

Once you have your Trademark you need to defend it. Unfortunately, that can cost a lot since it usually involves lawyers sending out a "cease and desist" order. I know Etsy and Artfire have pulled items from people's shops if they receive a Cease and Desist letter about a product.

[Chris in VT]

Getting a trademark can be a nightmare as well as expensive.  ($350.00) Personally, inless you're trying to be a big name, it ain't worth it. You'll have to sell a ton of product just to recoup the money you spent. After all, you're dealing with the Federal Government.

There may be shops in a number of states with the same name and one can't tell another to stop using that name unless it's trademarked.

As an example our company used to be called "Country Carousel". And we founf out that there were at least 25 other Country Carousels nationwide. We were just doing craft shows, so we didn't do anything about it. That's life.

So unless you are willing to change or pay, it looks like there are going to be two "Deer Abbys" out there.

[CraftyChef]

If you've already registered "DeerAbby" on etsy, the other gal will have to take a different name anyway because there can't be 2 of the exact same name. Also, etsy is afraid of letters from people who claim trademarks, they don't want to deal with that kind of stuff, so they will likely censor the other person if they get a letter from you. So trademarks do work to some extent. You will have to consider, though, that getting a trademark does not scare everyone, and you have clear evidence of that by her response. Having one doesn't mean you're going to get off effort-free. You have to fight for your rights, just like Disney does, and that will eventually cost you money.

Then again, if the other DeerAbby doesn't craft what you craft, you don't have much of a leg to stand on. From what I've seen you're a yarn crafter; your trademark may not cover what she does (whatever that is?). You also have to remember there are strong trademarks, like Disney, and weak ones, like yours.

[BoxOfRocks]

I think you should speak to an attorney regarding your rights and options, if any.  Call your state bar association; many run programs in which you can get a low cost initial consultation.

ETA: Wanted to disclaim that I am not a pro, just a hobbyist.  Nonetheless, I think your situation merits expert advice.