Cape on backwards bib

[FutureProject]

We've been selling a "These fools put my cape on backwards" bib for years, since 2013!, I designed the graphics myself and haven't had any issue at all, not out of the blue I get a ebay message containing a cease and desist with threats of ip attorney from an american company who it looks like trademarked the phrase "cape on backwards" in 2014..

While digging into his claim he has registered the phrase in the US but also there's someone in the UK who has the phrase trademarked in the UK too.. which has further confused things..

can they stop me from selling this design on the basis of 3 words of a 7 word sentence? and having registered the trademark after I started selling the product? if so I've seen companies registering single words like "sweet" so does that mean I have to check the ip database for every word I ever print just in case?

Thanks in advance..

[FutureProject]

just read on www.copyrightservice.co.uk

"Registering in countries such as the US, the UK, Japan, etc will protect your mark in that country only, but within the European Union, there now exists a Community Trade Mark (CTM) which covers the mark in all EU countries."

So I'm guessing he's no claim in the UK, but all the rest of the questions that has arisen from this still stand.

[James990]

I got hit with the same because of the word Zumba!! So yes they can do it!!

[Quinsfan]

Well in that case can I trademark, if it hasn't been done already, "Best mum ever" and have a field day in a weeks time.


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[cvgpeter]

I don't think words can be trademark except for company names etc, but "cape on backwards" trademark? Rubbish, he is pulling your plonka. Carry on mate using it if i was you, Let his attorney waffle on, you have done nothing wrong .

Peter

[Smart Mart]

Words can be trademarked like " I want to Believe" from the X Files is trademarked. It depends what you are selling those words on & whether the trademark holder has those goods covered, for example he may have those words trademarked for use on clothes,T Shirts etc but if you are selling on Textiles,Mugs etc & he has not got that covered or whatever you are printing them on then you are ok.

[JMugs]

Big problems in the US and will come to haunt us, companies are trademarking all sorts of phrases including quotes from the bible!
Their aim is not to make money from products, but to make money from the lawsuits against those who do sell things.

[James990]

That is interesting, about the Bible, considering that there is such a movement in the US to stop people using, quoting etc from the Bible, and to stop people from praying etc!

[GoonerGary]

Don't assume you cannot trademark a short phrase/ word/ sentence. It is whether the trade mark has been granted, refused, dropped. Trademarks are usually split into world regions, trademarking for the entire world is extremely expensive so he might just be covered in the USA. Are you selling in the USA? You also have to choose which classes or types of products. So a phrase could be trademarked for greetings cards, but not for clothing. Do a search on the trademark sites.

[k21john]

Don't assume you cannot trademark a short phrase/ word/ sentence. It is whether the trade mark has been granted, refused, dropped. Trademarks are usually split into world regions, trademarking for the entire world is extremely expensive so he might just be covered in the USA. Are you selling in the USA? You also have to choose which classes or types of products. So a phrase could be trademarked for greetings cards, but not for clothing. Do a search on the trademark sites.

First link is a brief summary of the Law on trademarks which quotes - [h=2]Trademarks[/h]To obtain trademark protection, a word, phrase, logo, symbol, shape, sound, fragrance, or color must be used in commerce by a producer to identify goods, and it must also be distinctive. Exclusive rights to a trademark are awarded to the first producer to use it in commerce. The second requirement of distinctiveness encompasses four traits: arbitrary/fanciful, suggestive, descriptive, and generic.

the rest is here - https://www.justia.com/intellectual-property/

With regard to the 'Cape on Backwards' phrase here is a copy of the Trademark Granted which seems to cover the world but only for these type of goods - Children's and infants' cloth bibs; Cloth bibs; Cloth bibs for adult diners; Hats; Infant and toddler one piece clothing; T-shirts

Full trademark listing - https://trademarks.justia.com/863/62/ca ... 62791.html

So it seems that you can trademark a word or phrase and here is a worrying example as it includes weekdays, ie Monday, Tuesday etc.... https://trademarks.justia.com/869/18/pi ... 18662.html

One point though worth thinking about and if my understanding is correct is that if you create an image then the image is automatically your own copyright whether it is drawn, painted or indeed a photo.

I'm with JMugs opinion though that a lot of these trademarks are being applied for simply to make money from Lawsuits.