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

[Drew]

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.

I'm sure he can't / won't get it removed from anything other than a mug. Its in the Urban dictionary, all over Reddit etc etc, T-shirts are freely available with it on, the trademark only applies to drinking vessels.

Maybe we should make him a shirt: 'Worlds Okayest Trademark Registrant'.

[PeteO]

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?

This made me think when i read this today, because TS did the same exact thing for her last album

http://www.independent.co.uk/arts-enter ... 10296.html

[GoonerGary]

You can trademark a phrase, but if that slogan is also used by a competitor, you would have to jump through hoops to get it approved.

So if this guy has trademarked Worlds Okayest (insert word), but dozens of other sellers also had it on mugs, it would not have been approved. IPO would have presented these other examples through an internet search and asked him to prove that the slogan is distinctive and original. He's only trademarked the word, okayest. How could a buyer confuse Okayest with World's Okayest Mum? I don't think that would stand up. If he is forcibly removing everything, I would be challenging that legally along with damages.

It's registered in the US for T shirts, doesn't stop anyone though.
https://www.google.co.uk/search?q=world ... 27#imgrc=_

http://tmsearch.uspto.gov/bin/showfield ... bmit+Query

[anniecov]

I am going to challenge it legally.

Just for everyone's info... in October 2017 someone trademarked the phrase "come to the dark side". We got a mug pulled on Amazon today, even though it had been on sale since February 2016. 20 months earlier than the trademark was registered.

https://trademarks.ipo.gov.uk/ipo-tmcas ... 0003133517

[StellaD]

Reg details actually date that one from 2015 not 2017, although it seems crazy that anyone can go around collecting any word or phrase they can think of.

A lot of crazy stuff under that name including the late Eddie Waring's famous "Up and Under" catch phrase which he used well over 50 years ago.

[anniecov]

When i searched the trademark number it showed there were objections but it must have still gone through.

https://www.ipo.gov.uk/tm/t-decisionmak ... r=O/106/17

https://www.ipo.gov.uk/tm/t-decisionmak ... o10617.pdf

[StellaD]

Incidentally, that company (listed as the owner of the marks) was only incorporated AFTER most of the names were registered.

[anniecov]

It's worth looking at all the trademarks they have registered: http://www.bizdb.co.uk/company/brand-pr ... -09688872/

Mash It Up
Choose Your Weapon
Come To The Dark Side
Can't Stop
Shadizzle

I'm not sure how they got "can't stop" registered. That's very generic.

[GoonerGary]

I am going to challenge it legally.

Just for everyone's info... in October 2017 someone trademarked the phrase "come to the dark side". We got a mug pulled on Amazon today, even though it had been on sale since February 2016. 20 months earlier than the trademark was registered.

https://trademarks.ipo.gov.uk/ipo-tmcas ... 0003133517

They have a list of trademarks, I've seen on plenty of mugs/ T shirts:

https://trademarks.ipo.gov.uk/ipo-tmown ... 0003133517

[anniecov]

Wow! Really common stuff. They seem to be representing 123T LTD.

https://www.amazon.co.uk/s?marketplaceI ... irect=true

I spoke to them a few days ago as they also got clobbered for using OKAYEST. I'm really disappointed that they didn't contact me first.