Trademark Words

[CreativeDesignLD]

I just found out after doing some research online that the words "Boo Jee" are being Trademarked since October 14 2023. A lot of sellers are using it right now and they probably are not aware of it.

I wish Etsy could have a way to contact sellers about specific trademarks words in order to inform them, it would be very helpful.

[NanaLetha]

They do have a way . It’s up to the trademark owner to report the shop to Etsy 

[audreytherese]

1. Trademarks are constantly being added and being discontinued. It's really not Etsy's job to stay on top of them, it's up to the individual sellers. 
   1. Side note to that, if Etsy were contacting people about new ones and happened to miss one, or there was a cross between when it came out and when the listing went up, who is responsible? Etsy is 100% not going to take on any responsibility for people knowing what they can use or not. 
2. 'Boo jee' was only just applied for, it has not been approved. Right now the estimated time before it even gets an examiner is 8.5 months. Then it's approximately 14.5 months from when it was filed to when it goes live as an actual TM. And that's only if it is approved.  
3. Sellers that are using this can file an opposition (LOP) at the appropriate time, but it's up to them and keep an eye on the status if it affects them. 

[audreytherese]

If something is actually trademarked it will have a registration number and it will say it's live. 

It needs both to be an active TM. 

Then, there are classes of use. If someone registers 'boo jee' in apparel (025), that doesn't mean someone else can't still use it on candles (4). 

[audreytherese]

If you're on facebook there is a group called 'trademark watch dawgs - stop frivolous trademarks' you should join. You can learn a lot in there. Plus every Tuesday they put out a list of many of the new applications. These lists are curated and generally just ones they found may need to be watched, but it will give you an idea of how many TM's are applied for every week.

[VintageRescueSquad]

The trademark database has millions of items, with probably tens of thousands listed every day. How on earth would etsy keep abreast of them? All businesses (not just us on etsy) need to inform themselves. Each is just a simple Google search.

[WitticismsRus]

"I wish Etsy could have a way to contact sellers about specific trademarks words in order to inform them, it would be very helpful."

Sure it might be helpful but may be a wee bit unrealistic for a marketplace to also provide free legal counsel to millions of sellers that use their site don't you think?  Reality is that it's not etsy's job or responsibility. Etsy is not your business partner. They do not work for you or your business. They are not your legal counsel. It's up to the business owner (you) to inform yourself.

[WitticismsRus]

also, there is much more to IP/trademark infringement than just words or names. Using images or likenesses of well known characters owned by someone else is also infringement even if you do not use the specific words or name of those characters. Example- Jack & Sally from Nightmare before Christmas. Even if the seller omits the character names or movie title from tags, title and description the image is still infringing. 

[bradgoodell]

@WitticismsRus  And not all trademarked words are trademark infringement in all contexts.

Apple

Pandora

Delta

These and many more can be used to describe things, like a painting of an apple sitting next to Pandora's box with the Mississippi delta in the background.  Perfectly legal and no infringement.  

Yet used in the different context, all three could very well be trademark infringement for a variety of companies.

[PlatypusDream]

It's a business owner's job to make sure that they are on the right side of the law, NOT Etsy's.

Etsy is micromanaging everyone's shop enough. 

That, and they would lose their "Safe Harbour Status" if they started butting into Trademark / Copyright law.

[hopeandjoystudios]

Is that even how it is spelled?

[audreytherese]

No, but there was a big trend this year using ghosts graphics and spelling it that way