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Old 12-11-2018
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Default 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?
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Old 12-11-2018
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Default Re: Notice of Intellectual Property Rights Infringement

Make an counter notice if you are sure that you haven't used any copyrights of anyone!
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Old 12-11-2018
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Default Re: Notice of Intellectual Property Rights Infringement

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Originally Posted by ISeeYou View Post
Make an counter notice if you are sure that you haven't used any copyrights of anyone!
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.
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Old 12-30-2018
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Default Re: Notice of Intellectual Property Rights Infringement

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Originally Posted by spa View Post
So I wonder if I register "Red" in trademark, then anyone use "Red scarf" is infringing my TM?
You can't TM colors. I tried with some rare colors and it didn't work.
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Old 12-31-2018
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Default Re: Notice of Intellectual Property Rights Infringement

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Originally Posted by mepeh View Post
You can't TM colors. I tried with some rare colors and it didn't work.
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.
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Old 01-02-2019
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Default 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.
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Old 01-02-2019
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Default 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.
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Old 01-03-2019
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Default 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.
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Old 01-10-2019
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Default Re: Notice of Intellectual Property Rights Infringement

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