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Original poster

Trademarks - can I do this?

23 replies

sarah573 · 16/01/2009 09:48

I've been selling handmade items on ebay for about a year. Mainly tops which I applique on using the fabric of a well known company. I get this fabric by purchasing clothing, duvet covers and fabric remanants from outlet sales being held by this company.

When I list the item I describe it in the title as being handmade with an applique using fabric by this company. I make it perfectly clear that the item is not by this company, and that the item is handmade.

Yesterday I received an email claiming to be from this company which came as a question for seller through ebays messaging system. I don't think it was bogus. It basically told me in doing this I was breaching their trademark, and that they would take action to stop me doing this if I continued to do so.

As far as Im concerned I am doing nothing wrong. If I want to cut up pieces of their clothes etc and sell them, telling people thats what they are how can that be wrong? Im stating factual information - Im not making any false claims or misleading anyone. People are very happy with what I make and this is refelected in my feedback.

I don't want to break the law, and if I am of course I will change my listings. I also don't want to be bullied by this company if Im doing nothing wrong.

Does anyone know where I stand or where I go to find out?

Just to put this in perspective I do this as a hobby for pin money as I enjoy sewing!!!

Thanks

OP posts:
PuzzleRocks · 16/01/2009 10:28

Bumping for you.

ditzzy · 16/01/2009 13:16

Tricky one. I'm no expert, but have had some training in trademarks... (if I answer completely wrongly, hopefully someone will come along who knows better)

If I understand correctly, people can buy items of clothing relatively cheaply from you, and their mates might think they were bought from the designer brand (because they have something characteristic sewn on to them). So if I was the other company I would be a bit pissed off that my potential customers are going to you instead... Sorry, but if they have trademarked the characteristic thing then they have paid for exclusive use of that thing, so I think you are breaching their trademark.

BUT, check they do have the trademark exactly for that and in your application (trademarks are registered for applications, but I think clothing in general is a single area, so if they make clothing and you make clothing you have a problem). And don't reply to the email - if you want to contact them then find an email address/ phone number independantly from their website, just in case it is a fraud.

Hope that Helps, sorry its not more positive.

heavenstobetsy · 16/01/2009 13:29

I think it depends what you are doing - if you are stitching a nike swoosh on clothes you have made then yes you are infringing their trademark even though you are being upfront about what you are doing. On the other hand, if you are stitching burberry check on to home made clothes then no you're not - the pattern isn't a trade mark although there may be some design rights issues (although this is more tenuous I would say)

Agree with dittzy, don't reply to the e-mail; I'd have thought that the company woudl have been more likely to contact e-bay and get you suspended than to try to contact you in this way. It might be worth asking e-bay if they have had any complaints about you?

Original poster
sarah573 · 16/01/2009 15:01

Thanks everyone. No Im not copying their trademark/signature (i.e a nike swoosh). I don't want to name the company but say for example it was Next, I am cutting a flower/puppy/cat etc from their fabric, and stitching it onto the top, and then telling people that the fabric I've used for the flower/puppy/cat is from Next. Im certinally not 'faking' items or making them look like they are made by that company, nor am I branding them of claiming they are by that company in any way.

OP posts:
EldonAve · 16/01/2009 15:08

But surely you must be using something fairly significant as otherwise why would you mention that the applique bit is from Next or whoever

EldonAve · 16/01/2009 15:15

Ah found you on ebay
I would say people are likely to report you as you are putting the brand name in your title - ie so you search for the brand and find your stuff

ditzzy · 16/01/2009 15:32

ok, well if its not something they've actually registered as a trademark then you shouldn't have a problem. There's nothing against the rules about putting whatever words you want in an ebay advert! I've always seen people put the brand names of competitors in as key words. Its all fair play!

I understood that you weren't trying to mislead the customers, the point is more that if you're seen to be stealing customers from the orginal owner. The thing that sprang to my mind when I first read it was the 'Paul Smith stripes' - I would imagine they are trademarked, and would look very pretty added to other tops.

As long as the "flower/puppy/cat" isn't identical on every item they sell, then you don't have a problem.

Miamla · 16/01/2009 15:35

i've found you as well... why mention where the fabric's coming from? wouldn't "from recycled clothing" cover it?

also, its not clear from your listings... are you making the tops or just appliquéing images onto existing tops?

ditzzy · 16/01/2009 15:39

How can everyone else find it so quickly?? I thought I was good at finding these things, but I'm still looking...

ramonaquimby · 16/01/2009 16:08

found it as well. don't think I'd pay 7.99 for that top though as a starting bid, when you can get a new top from that company for same price

Original poster
sarah573 · 16/01/2009 16:30

Thanks everyone - I think I will get in touch with trading standards on Monday and see where I stand. I've re-read the message and think it might be bogus. I can find out one way or the other on Monday anyway. Thanks for your help.

OP posts:
tiggerlovestobounce · 16/01/2009 16:32

I've found your listing too, I can see why they have complained, what you had said wasnt completely clear (not to me anyway).

I think that your tops are nice withouit needing to say where you bought the fabric from, though they are comparable in price to the other company.

whitenoise · 16/01/2009 16:36

i haven't a clue what you are selling but if you are using a companies logos or trademarks fabrics (like paul smith stripes) without their permission then in fact that DOES infringe copyright. Its kind of like making clothes and claiming they belong to a company.

VinoEsmeralda · 16/01/2009 16:37

I had something similar (different field) and if I remember correctly you can't use a trademark if you dont have permission to do so, regardless if it is an original or not.

Also try businesslink first, they are a bit less formal IYSWIM, letting sleeping dogs lie ect..

littleducks · 16/01/2009 16:46

found it too
the stuff is very similar to the tops designed by the company arent they?

MrsTweedy · 16/01/2009 16:52

Found it.
Think you might be on thin ice as it could be said that you are using their name to sell your product.
And although one of the companies you name sells fabric, I imagine to make products for sale out of it you would have to do so under license (that is a complete guess though)

EldonAve · 16/01/2009 17:42

ditzzy - putting key words in your listing when they don't match the item is against ebay rules keyword spamming

ditzzy · 17/01/2009 08:28

Useful link EldonAve. They must have tightened up the rules since I was last on there lots! I could never remember the proper brand name of something I used to buy regularly but knew it was listed as 'similar to' a better known brand. I'd have no chance of finding it now.

I never did find the listing this referred to either, but I found allsorts of pretty stuff - I want to go shopping!!

Good luck getting it sorted Sarah573!

PuppyMonkey · 17/01/2009 08:33

If you don't think the brand name is significant, why mention it on your ads? Probably because not as many people would buy them without the mention of Next or whatever it is - that's why I think you ARE misleading people actually.

mejon · 17/01/2009 10:19

As EldonAve mentions, it is keyword spamming and I have seen your items listed quite a few times when I've been searching for clothes from this particular brand. I was confused at first and it wasn't immediately obvious that the items weren't by the particular brand. Some of the appliqued images are quite similar to items produced by the company too. If the email you've received is genuine, I can understand why they believe you are out of order: it has probably come to you via Ebay because they wouldn't have your email addres any other way.

EldonAve · 21/01/2009 20:46

Just seen the brand's new catalogue - lots of similar applique stuff - maybe you inspired them

maggymay · 22/01/2009 18:07

you may need to look into wether you need public liability insurance we ran a coffee morning for sevral years and although it was just friends we where told we needed this as we paid subs to cover the price of the hall

maggymay · 22/01/2009 18:09

sorry wrong thread

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