I received a notice \9l==\ I received a copyright notice stating that my Etsy listing is trademark infringement. Per the

Expert's Assistant chat
Customer: I received a notice \9l==\
JA: Have any charges been filed? If so, when is the next court date?
Customer: I received a copyright notice stating that my Etsy listing is trademark infringement. Per the USPTO database, the accused trademark is not registered to the accusing party's LLC.
JA: In what state did the infringement occur?
Customer: No charges have been filed, Etsy just took down the listing. I live in MI.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not that I'm aware of.
Answered by TraceyJ125 in 13 mins 10 months ago
imglogo
TraceyJ125
10+ years of experience
logo

3974 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
TraceyJ125
logo
logo
3974 Satisfied customers
logo
10+ years of experience
imglogo
TraceyJ125
10+ years of experience
logo

3974 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

TraceyJ125, Expert

Good evening, my name is ***** ***** I will be your legal expert for this question. I’ve been practicing law for over 15 years and I’d be happy to resolve your question. Please note that this exchange does not constitute an attorney client relationship. THERE MAY BE A DELAY IN MY RESPONSE BECAUSE I AM REVIEWING AND RESEARCHING YOUR QUESTION, AS WELL AS ASSISTING OTHER CUSTOMERS. PLEASE ALLOW TIME FOR ME TO RESPOND. IF I AM CALLED AWAY, I WILL RESPOND AS SOON AS I AM ABLE. Requests for a phone call are automated and are not coming from me directly. Thank you for your question. I am reviewing it now and will respond here after.

Customer
Thank you, Tracey! I have attached images of the trademark infringement notice and my accused listing. It wouldn’t let me earlier!
img

TraceyJ125, Expert

Okay thank you.  I don't see what you have attached unfortunately...

They took it down, so is the question did they have a right to do this because they were not affiliated with the owner of the mark?

Customer
It still wouldn’t let me attach, I’m not sure why. But, correct. Ford & Wyatt LLC is stating that my Etsy listing infringed on their trademarked word, “Bubby.” The listing that was removed contained the the word “Bubba.” When I searched the USPTO database, Bubba is not owned by Ford & Wyatt, LLC.
Customer
This is the listing I had listed and that they reported to Etsy.
Customer
These were the “options” available to the buyer of said listing. Nothing regarding Bubby.
img

TraceyJ125, Expert

I see it now.  Let me take a look...

img

TraceyJ125, Expert

Okay I get what happened.  The infringement does not have to be verbatim infringement.  So they are saying your "Bubba" is too close to their "Bubby" and that would be successful in court if you both are in the same or similar industry, targeting the same or similar customers.  If that is so, then that may be infringement.

Customer
Ah, I see. They also sell a line of clothing. So, my best bet is to just steer clear of anything that is similar to them?
img

TraceyJ125, Expert

Yes because you all appear to be in similar industries.

img

TraceyJ125, Expert

Can I help with other questions about this?

img

TraceyJ125, Expert

Okay thank you.  Feel free to reach out if you need to follow up.  Take care,

Thank you for using Just Answer! It was my pleasure helping you with your matter. Feel free to reach out to me at . In the future you can request me by beginning your question as “ForCustomer/b>.” You will also be able to follow up with me directly on this chat for several days. Take care and I wish the best resolution for your situation.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer