Any Amazon sellers recently clobbered (wrongly) for Trademark Infringement?

[StellaD]

We got turned down for a trade mark on a three word phrase (registered Ltd company name)

Slightly off topic as this doesn't relate to a trade mark but a similar type of thing .........

We tried to register a Ltd Co with "Wales"in the name but were blocked because you need permission of the Crown to use the word "Wales". We had no problem though with using the word "Cymru" which is Welsh for ........... Wales :rolleyes:

[anniecov]

+1 You won't get in trouble for using the word here.

I got hit on eBay with one last week. Have searched IPO and can't find it, or anything even close. Have contacted the email of the 'rights holder' eBay gave me in their 'we have removed' email, but they haven't bothered to respond with information on where I can see the trademark. Does make me wonder how much these companies actually check before removing items.

https://trademarks.ipo.gov.uk/ipo-tmcas ... 0003154717

I'd rather not post the word as he's obviously trawling the internet for people using it. We now have a group of 8 sellers that have been hit, including some of the bigger companies.

[StellaD]

That's a strange website - looks like he sort of started making it and then abandoned it -Lorem Ipsum text and dummy names for the testamonials, "Delete this text"message lefton the generic privacy page, reward cards in Dollars ....... goodness knows what else if I took the trouble to go through it.

Can't imagine anyone actually buys fronm it so perhaps a new career in intellectual property beckoned. :rolleyes:

[anniecov]

On Amazon you need a website to get Brand Registry, it doesn't have to be a working shop. That gives you some protection from piggyback listers. He's got about 70,000 products listed on Amazon.

[webtrekker]

https://trademarks.ipo.gov.uk/ipo-tmcas ... 0003154717

I'd rather not post the word as he's obviously trawling the internet for people using it. We now have a group of 8 sellers that have been hit, including some of the bigger companies.

Just done a Whois on the domain and the Registrants address is different to the company address in your link. Probably his home address.

[webtrekker]

His other registered trademarks (just 3 in total) ...

https://trademarks.ipo.gov.uk/ipo-tmown ... 0003154717

[anniecov]

One has been withdrawn and the other is his company name.

[GoonerGary]

Actually, one of the phrases he borrowed for himself has been registered as a trademark for mugs by someone else!

So, on what grounds can these slogans/ trademarks be challenged? I thought that slogans on T shirts didn't meet the criteria...especially as hundreds of people are using it already? This slogan isn't a badge of origin which distinguishes his product from similar goods.

[anniecov]

He registered the trademark in July 2016.

We started selling mugs using the word on our website and eBay in October 2015, and Amazon since January 2016. I posted on the Amazon seller forums about the issue and 4 contacted me within 24 hours asking what the word was and if it was this seller. All were the same and had 2 listings removed for Trademark Infringement. Today there's been another 2 that I was directed to by one of the other sellers. He too had 2 listings taken down. He could prove that he had been selling them since 2011. All but one of the sellers affected had listings that predated the trademark registration.

He's not a member here is he?

[StellaD]

Just seen this in the news:

In a legal case involving Taylor Swift, a US judge has ruled the phrases
'playas gonna play' and 'haters gonna hate' are too 'banal' to be copyrighted

Wonder if that could be a defence against this sort of thing?