Intellectual Property Notice- Dispute!

[Fantasydolls]

I received an Intellectual Property Infringement email from Etsy today. They took down the majority of my listings in one category. This is a popular item sold on Etsy and is generic in nature. ( sheepskins ).  However, apparently a company  with a name that contains 2 words that are in the description of my items, has filed an IP report on my shop.   I can easily remove those 2 generic and descriptive words from my listings.  ( Lets say their company name is Shaggy Hair - and those 2 words, which were being used as a description in my listings- for example )

Can I make new listings for these generic sheepskins without the use of the 2 offending words? This is my only job, my only income. These items are the bulk of my sales.  Help and advice needed please!

[NanaLetha]

Yes you can.

[NancyQstudio]

If you are sure this is why the listings were removed it's fine to do once the owned word or phrase is deleted.  But, if the listing was removed for any other type of reason it should not be relisted as this can be very problematic. 

I had one listing taken down which was actually legal.  But the Etsy bots weren't smart enough to decipher the difference between public domaine and trademark.  I simply removed the word "Cinderella" from the listing.  Cinderella can't be owned unless it is used with specific combinations which I was careful not to do. I redid the listing and uploaded it again without the name. It worked just fine.  I'm so happy Etsy is taking down Disney listing that I wasn't very upset about this.  

[Fantasydolls]

The company that claimed IP infringement is called Shaggy Hair Imports ( not real name ), and the words shaggy and hair were in my descriptions, so I removed those 2 words from any existing listings.  These are generic sheepskins I sell, and they do not own claim to all the sheepskins in the world so I should be fine making all NEW listings without those words, right?

[PrairiePrimitives]

@Fantasydolls - My understanding is trademarks are by category and not one size fits all, so it might be worth looking at the trademark database to see if this person/entity actually owns the "shaggy hair" trademark in ALL possible categories. Maybe they only own it for the "barber supplies" category (if there is such a category), but not for, say, "animal products." 

[CraftyCornishMaids]

No , you can't, you have to have the permission of the trademark holder to relist

the e-mail from etsy would have said something like ......

Do not re-activate the material unless you’ve resolved the issue with the notifying party and/or intellectual property owner. 

....

the e-mail should have the IP owner and contact info for you to sort it out with them - if they want to sort it out

[Fantasydolls]

I want to know if I can create NEW listings without the keywords Shaggy Hair ( not actual terms ). They are descriptive words only, same as "blue" or "rug" would be. Their company NAME is 'Shaggy Hair Imports'.   So they claim intellectual property use of the words shaggy and hair.

[CraftyCornishMaids]

@Fantasydolls 

No you can't,

you can't list the same material

if  it is a copy, it's the same thing, and listing, just with different words, you need to contact the IP holder and agree you can put the same thing back up, even if it is a copy with different words

[JDTotesnDolls]

@Fantasydolls   Do not create new listings until you get this resolved.  There may be more than the 2 words.  You need to check the trademark for one thing and then discuss it with the holder.

[PinkCoyoteJewelry]

If you own a "trademark" and it is infringed upon, you have the legal obligation to defend the trademark, or run the risk of losing the "trademark".

[AnitasUniqueCards]

@Fantasydolls  Barbie listed too and in your header - it's trademarked 

[Fantasydolls]

This has to do with sheepskins. The Barbie repaints are okay. 

[Fantasydolls]

Yes I am aware of that, however in the case of doll repaints and OOAK, Mattel did allow this. The judge claimed that once someone buys a doll they can do with it what they please. I checked on this years ago.

[FallenAngelBrass]

"The judge claimed that once someone buys a doll they can do with it what they please. I checked on this years ago."

Yes, you can do whatever to a Barbie doll, but you may not sell whatever using the Barbie name.  Make sure that you are licensed by Mattel itself. 

[JDTotesnDolls]

@Fantasydolls  Someone can do what they want when a doll is bought but in reselling the doll, unless you have an okay from Mattel, then you cannot use the word Barbie,  You are not associated with Mattel and Mattel may not appreciate what is done with their dolls.  

[AVAArtsSupplies]

If it's for your Troll hair, you should have a clause in your agreement with Dreamworks for them to help you sort it out. I would refer back to your agreement. 

[AVAArtsSupplies]

I guess it could also be whoever that owns the dolls that you have an agreement with. Mattel maybe? 

[Fantasydolls]

Nothing at all to do with Dreamworks.  Not a troll hair issue.

[JDTotesnDolls]

@AVAArtsSupplies The trademark for trolls by dreamworks is Dreamwork Trolls.  And the Goods and Services of the trademarks they have does not cover hair for trolls.  Dreamworks has no control over the word trolls. 

[NanaLetha]

@AVAArtsSupplies - Dreamworks owns the rights to Trolls.

[Fantasydolls]

This has nothing to do with trolls.

[JDTotesnDolls]

@NanaLetha   They own the rights to Dreamwork Trolls.  Not the word trolls.  The goods and services indicate they have no trademark covering hair parts for troll dolls 

[BrooklynStVintage]

I am going to be buying some sheepskins from you , I have my old 1960 trolls who need new hair!!

I reading this thread I just wanted to clarify that one can not use the word Barbie in a listing unless you have permission from them. Doesn't matter that you are altering the doll. It is like American Doll, sellers can't use that term even though they are selling clothes that fit an American Doll. I understand what you are saying about sheep skins, I don't know how Etsy wants you to handle that though. Is there a different word you can use?

[Fantasydolls]

Thank you- I have lots of Icelandic for rehairing old trolls.

[nineteen27]

so this trademark infringement issue...

has to do with your sheepskin rugs yes?

and not your dolls.