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Notice of Intellectual Property Rights Infringement
 

Just received one notice, from laywer of Hermes saying two of my scarves infringed their trademark "Twilly". I used this word in my titles with "twilly scarf" which I think it is similar to "square scarf" or "silk scarf", like a category of scarves. So I wonder if I register "Red" in trademark, then anyone use "Red scarf" is infringing my TM?:faint:

Re: Notice of Intellectual Property Rights Infringement
 

Make an counter notice if you are sure that you haven't used any copyrights of anyone!

Re: Notice of Intellectual Property Rights Infringement
 

I will, I already sent an email to Hermes lawyer and see how I infringed their TM. Sadly like small business I could not afford a lawyer and too much bandwidth for this.

Re: Notice of Intellectual Property Rights Infringement
 

You can't TM colors. I tried with some rare colors and it didn't work.

Re: Notice of Intellectual Property Rights Infringement
 

You can trademark a phrase though, if it has a special meaning for the product. Red scarf maybe not special enough, but I'm no lawyer.
The issue with the OP is that he used it in the title. Using it as a tag is a no no too.
Also, there's no counter notice with et_sy for a trademark infringement, that's for copyright notices only.

Re: Notice of Intellectual Property Rights Infringement
 

I have the same problem on the past, and belive me, you better take down the listings with that name or etsy will shut you down.

Re: Notice of Intellectual Property Rights Infringement
 

FYI, there's a fast food chain in my country called "Red Rooster". "Red" is not trademarkable, neither would be 'Rooster", but together they are.

Re: Notice of Intellectual Property Rights Infringement
 

Regardless, I wouldn't want to mess with Hermes and just take the listing down if I were you.

For the future, you may want to do a word play on that "twilly scarf".
If they TM Twilly Scarf, make a variety of the word.

Re: Notice of Intellectual Property Rights Infringement
 

Wouldn't that variety make it harder for buyers to find?