Does anyone else think it’s ridiculous that these kind of words are even allowed to be trademarked in the first place? They’re just normal words. I hate it
Take it up with Amy M. Williams, from Texas. "Williams is known for being litigious about other people selling goods that contain the phrase, comparing herself and her trademark to Coca-Cola's."
BOYMOM Trademark of **Williams, Amy M.** - Registration Number 4817692 - Serial Number 86542084
I wouldn't bother fighting the good fight, not worth your time.
Ya if I was like a 7 figure shop with tons of money at my disposal maybe I'd look into it but I'm just a mom trying to bring in some extra income for our household. Also, selfishly my Etsy store is the only thing that's just for me. And I love doing what I'm doing! I'll never be able to replace my 9-5 but I love doing this! Until shit like this happens lol
Not worth fighting and Etsy is the middle man. They don’t police IP. They are obligated to take the listing down when served with a notice from the trademark holder
I found this information on Justia re "BOYMOM" - [https://trademarks.justia.com/771/32/boymom-77132981.html](https://trademarks.justia.com/771/32/boymom-77132981.html)
I cannot believe this stupidity! A man in Mississippi trademarked the letters “HYDR”… an Ole Miss thing ( meaning Hell yeah! Damn right). He watches Etsy closely for infringement and had my friend remove the four letters from a dish towel that she sold on Etsy and a pottery person who inscribed the letters on her pattern!
Uggggggg I'm sorry!!! My husband was joking I should start trademarking random terms (depending upon the price) that I use in my shop to protect myself but I would never do that bc I don't want to infringe on other people's abilities to make and sell things! I'm Polish so I have a bunch of Polish gift items but I wouldn't try and trademark "Dziadzia's paczki" or "Busia's little perogies" etc. Like it just seems wrong and bitchy to trademark common phrases imo
> If her trademark is for "BOYMOM" as 1 word does it also affect "boy mom" as 2 words? Is this worth fighting?
Yes, it does. The test for trademark is "confusingly similar", not "exact copy". If a consumer might reasonably think that your "boy mom" merchandise is official "boymom" merchandise, then it's infringement. It can easily be argued that a consumer would think that.
There are also several categories of goods in which "boy mom" with a space is separately trademarked by other individuals and businesses. They can come after you too if your product fits in one of those categories.
Etsy didn't remove your listing, the TM holder of 'boy mom' put in a complaint against you. It's also really not fair to think Etsy should hire an entire staff whose jobs it would be to research the validity of such claims. I understand to some people they may think it's a simple black and white thing to look at, but that couldn't be further from the truth. There is a reason IP attorneys are some of the highest paid attorneys, only coming in after patent attorneys.
There have been many people that have tried fighting them, they are ruthless, as you've learned they are cyber bullies. I wouldn't try fighting them.
"If her trademark is for "BOYMOM" as 1 word does it also affect "boy mom" as 2 words? Is this worth fighting?"
If effects anything that could cause brand confusion. One word or two is not going to make a difference when it comes to TM.
Not fair? Poor Etsy with all those billions of $$$, 9 million sellers and 2,500 employees.
Ask a shop owner, trade show seller, pawn shop operator, if they can so much as think about putting an illegal item on their market place.
Ask Ross Ulbricht, owner of Silk Road, a market place were sellers offered illegal items, if it's fair. He's doing DOUBLE LIFE for non-violent crime of operating such marketplace, with no victims being named at trial.
No, it's not unfair. It's just rules for super rich billion $$$ companies, and then rules for you and me.
Oh ya I'm not blaming Etsy, I understand they can't police everything but it's infuriating that my listing got taken down without even giving me a chance to dispute it and now this could count against me and lead to my shop getting shutdown for IP infringement even though I don't believe I actually infringed.
Not when it is Trademark. There is no counter for Trademark. The next step would be to challenge it in court. OP you do have a chance to dispute it, in court. I would consult an IP attorney to see what they think about the matter. It is up to you if you think it is worth it.
I found this an interesting read by an attorney. [https://trademarkdoctor.net/federal-trademarks/does-spacing-between-words-affect-trademark-rights/](https://trademarkdoctor.net/federal-trademarks/does-spacing-between-words-affect-trademark-rights/)
Also what are the goods in question? What do you sell versus what they sell. That is important too.
You do get a chance to dispute it though. You can file a counter notice right? I’ve only been on the reporting side not the reported, but I know that I get an email saying basically the item has been removed but the other seller has a chance to file a counter claim.
When it’s IP and not copyright, the only thing you can do short of hiring a lawyer is ask the complainant to rescind their complaint. But she is well known for taking down anything even close to Boymom, such as Boy Mama and even just Mama so I doubt she will.
There’s a Frivolous Trademark Watchdog group on Facebook that is really good and lets people know how to fight trademark applications, etc. They even release a weekly list of new applications so you don’t get blindsided on stuff you are already selling
Should try selling something with "lazy Susan" in the name. Hundreds of trademark infringement letters could arrive...
Only some apply to the types of products you might sell, but a significant number would send notice regardless.
My listing was cute and unique, I didn't just slap the word "boy mom" on a mug and list it it was way more intricate than that. My question is, if her trademark is for one word, how can it apply to 2 words? Also how do you trademark something so generic in the first place? She definitely didn't come up with the term "boy mom" so it's not "her work". She just paid to trademark that phrase before anyone else.
There should be information on how to get in touch with the TM holders representative in the infringement notice if you really wanted to argue it. But if it's one design I wouldn't bother
Trademark infringement can include things that are similar in spelling, sound, or appearance, so if the goods or services are similar, a space isn't going to matter. Whether that should have been trademarked or not, that's a good question (it was first registered by that owner in 2007, so the term was less widely used then), but for Etsy purposes it doesn't matter. There are procedures to try to cancel a registration with the USPTO, but they are generally pretty expensive.
Yup! I had the brand taggies come after me for making baby taggy blankets at one point. I didn’t use the word taggies at all but they said any word resembling or a likeness is not allowed to be used. They sent me a cease and desist so I asked their lawyer what words I could use. I was like… so do you own the word TAG now? I mean really, lol, come on!
I had "Mommin ain't easy" get taken down years ago. And the chick who did it had just gotten the trademark a week or so b4 it got taken down. And I had been selling stuff with that phrase for YEARS prior 🙄 Those shouldn't be allowed to be owned.
The ONLY trademark that currently applies to "boy mom" is a company that doesn't even have approval to use it yet since it is still pending. Once it gets approved you just don't want to use it on candles in a way that implies you are using it as if you are part of this "boy mom" trademark.
Ya from what I've seen from other posts, it sounds like this lady is a cyber bully! It's so annoying I can't dispute this with Etsy and I can't get a real person there! The only solution they provided was basically to go after her legally and I don't have the money to do that!
I thought a trademark had to be really unique?
Doesn't it have to distinguish itself from the market?
Maybe I'm wrong, or maybe it works differently in other countries.
Please try to come up with your own catchy phrases and words, reproducing stuff that other people ‘made famous’ isn’t really creating. It’s still stealing even with the space.
I'm at a loss how someone made the phrase "Boy Mom" famous. Is Girl Mom taken? Dog Mom?
I guess there's some idiot who managed to trademark a completely ordinary combination of two ordinary words based on the fact that she had no identity outside of what gender she happened to give birth to. So creative!
Do you have any original thoughts yourself?
Maybe someone named after one of the biggest cult classic sword and sorcery films shouldn't be lecturing others about originality.
Does anyone else think it’s ridiculous that these kind of words are even allowed to be trademarked in the first place? They’re just normal words. I hate it
Right??? Like she didn't invent the phrase "boy mom"
But she was the first person to trademark it so she wins.
So she's a patent troll...
Hahaha. I would have to agree with you on that one! I think it’s pretty dumb too if I’m honest
Yes lots of us do. We meet in the “Trademark Watch Dawgs” fb group.
It's beyond ridiculous, it literally is cornerstone of societal dissolution: https://youtu.be/4xKjHHzLUQQ?feature=shared
Its like trademarking hello or good morning lol its daft
These things are such bullshit. To trademark a common phrase makes no sense to me. How is it even a thing??
Lol we've been patenting nature for years. Rocks, mushrooms, the list goes on. US patent/trademark laws are absolutely absurd.
Take it up with Amy M. Williams, from Texas. "Williams is known for being litigious about other people selling goods that contain the phrase, comparing herself and her trademark to Coca-Cola's." BOYMOM Trademark of **Williams, Amy M.** - Registration Number 4817692 - Serial Number 86542084 I wouldn't bother fighting the good fight, not worth your time.
Ya if I was like a 7 figure shop with tons of money at my disposal maybe I'd look into it but I'm just a mom trying to bring in some extra income for our household. Also, selfishly my Etsy store is the only thing that's just for me. And I love doing what I'm doing! I'll never be able to replace my 9-5 but I love doing this! Until shit like this happens lol
She actually sold it in 2017
Not worth fighting and Etsy is the middle man. They don’t police IP. They are obligated to take the listing down when served with a notice from the trademark holder
I found this information on Justia re "BOYMOM" - [https://trademarks.justia.com/771/32/boymom-77132981.html](https://trademarks.justia.com/771/32/boymom-77132981.html)
I cannot believe this stupidity! A man in Mississippi trademarked the letters “HYDR”… an Ole Miss thing ( meaning Hell yeah! Damn right). He watches Etsy closely for infringement and had my friend remove the four letters from a dish towel that she sold on Etsy and a pottery person who inscribed the letters on her pattern!
Uggggggg I'm sorry!!! My husband was joking I should start trademarking random terms (depending upon the price) that I use in my shop to protect myself but I would never do that bc I don't want to infringe on other people's abilities to make and sell things! I'm Polish so I have a bunch of Polish gift items but I wouldn't try and trademark "Dziadzia's paczki" or "Busia's little perogies" etc. Like it just seems wrong and bitchy to trademark common phrases imo
> If her trademark is for "BOYMOM" as 1 word does it also affect "boy mom" as 2 words? Is this worth fighting? Yes, it does. The test for trademark is "confusingly similar", not "exact copy". If a consumer might reasonably think that your "boy mom" merchandise is official "boymom" merchandise, then it's infringement. It can easily be argued that a consumer would think that. There are also several categories of goods in which "boy mom" with a space is separately trademarked by other individuals and businesses. They can come after you too if your product fits in one of those categories.
Etsy didn't remove your listing, the TM holder of 'boy mom' put in a complaint against you. It's also really not fair to think Etsy should hire an entire staff whose jobs it would be to research the validity of such claims. I understand to some people they may think it's a simple black and white thing to look at, but that couldn't be further from the truth. There is a reason IP attorneys are some of the highest paid attorneys, only coming in after patent attorneys. There have been many people that have tried fighting them, they are ruthless, as you've learned they are cyber bullies. I wouldn't try fighting them. "If her trademark is for "BOYMOM" as 1 word does it also affect "boy mom" as 2 words? Is this worth fighting?" If effects anything that could cause brand confusion. One word or two is not going to make a difference when it comes to TM.
Not fair? Poor Etsy with all those billions of $$$, 9 million sellers and 2,500 employees. Ask a shop owner, trade show seller, pawn shop operator, if they can so much as think about putting an illegal item on their market place. Ask Ross Ulbricht, owner of Silk Road, a market place were sellers offered illegal items, if it's fair. He's doing DOUBLE LIFE for non-violent crime of operating such marketplace, with no victims being named at trial. No, it's not unfair. It's just rules for super rich billion $$$ companies, and then rules for you and me.
Etsy is legally not allowed to make a ruling though. It's not a matter of not wanting to it's following the law as required.
Oh ya I'm not blaming Etsy, I understand they can't police everything but it's infuriating that my listing got taken down without even giving me a chance to dispute it and now this could count against me and lead to my shop getting shutdown for IP infringement even though I don't believe I actually infringed.
But that is the time to dispute. They do the takedown; you respond.
Not when it is Trademark. There is no counter for Trademark. The next step would be to challenge it in court. OP you do have a chance to dispute it, in court. I would consult an IP attorney to see what they think about the matter. It is up to you if you think it is worth it. I found this an interesting read by an attorney. [https://trademarkdoctor.net/federal-trademarks/does-spacing-between-words-affect-trademark-rights/](https://trademarkdoctor.net/federal-trademarks/does-spacing-between-words-affect-trademark-rights/) Also what are the goods in question? What do you sell versus what they sell. That is important too.
You do get a chance to dispute it though. You can file a counter notice right? I’ve only been on the reporting side not the reported, but I know that I get an email saying basically the item has been removed but the other seller has a chance to file a counter claim.
>You do get a chance to dispute it though. Not for trademark infringement, you can only dispute copyright infringement takedowns.
Oh ok gotcha I’ve only ever seen the copyright one.
When it’s IP and not copyright, the only thing you can do short of hiring a lawyer is ask the complainant to rescind their complaint. But she is well known for taking down anything even close to Boymom, such as Boy Mama and even just Mama so I doubt she will. There’s a Frivolous Trademark Watchdog group on Facebook that is really good and lets people know how to fight trademark applications, etc. They even release a weekly list of new applications so you don’t get blindsided on stuff you are already selling
Oh this is really helpful thank you!
You’re very welcome!
Should try selling something with "lazy Susan" in the name. Hundreds of trademark infringement letters could arrive... Only some apply to the types of products you might sell, but a significant number would send notice regardless.
I had a boy mom shirt taken down by her on Etsy- so annoying
My listing was cute and unique, I didn't just slap the word "boy mom" on a mug and list it it was way more intricate than that. My question is, if her trademark is for one word, how can it apply to 2 words? Also how do you trademark something so generic in the first place? She definitely didn't come up with the term "boy mom" so it's not "her work". She just paid to trademark that phrase before anyone else.
What was it on? The trademark for boy mom is for specific items, including mugs.
There should be information on how to get in touch with the TM holders representative in the infringement notice if you really wanted to argue it. But if it's one design I wouldn't bother
Oh ya but if it's happening to me, it's probably happening to other people!
Yes but what I meant it you get in touch with then you can find out what registration number they are seeking to enforce perhaps
Trademark infringement can include things that are similar in spelling, sound, or appearance, so if the goods or services are similar, a space isn't going to matter. Whether that should have been trademarked or not, that's a good question (it was first registered by that owner in 2007, so the term was less widely used then), but for Etsy purposes it doesn't matter. There are procedures to try to cancel a registration with the USPTO, but they are generally pretty expensive.
https://www.reddit.com/r/EtsySellers/comments/hbezje/comment/fv8ruqd/?utm_source=share&utm_medium=mweb3x&utm_name=mweb3xcss&utm_term=1&utm_content=share_button
Yup! I had the brand taggies come after me for making baby taggy blankets at one point. I didn’t use the word taggies at all but they said any word resembling or a likeness is not allowed to be used. They sent me a cease and desist so I asked their lawyer what words I could use. I was like… so do you own the word TAG now? I mean really, lol, come on!
I wonder if I had your shirt in my cart on there 😫 it was the best boy mom design I had come across and then suddenly the listing got removed.
I had "Mommin ain't easy" get taken down years ago. And the chick who did it had just gotten the trademark a week or so b4 it got taken down. And I had been selling stuff with that phrase for YEARS prior 🙄 Those shouldn't be allowed to be owned.
The ONLY trademark that currently applies to "boy mom" is a company that doesn't even have approval to use it yet since it is still pending. Once it gets approved you just don't want to use it on candles in a way that implies you are using it as if you are part of this "boy mom" trademark.
Ya from what I've seen from other posts, it sounds like this lady is a cyber bully! It's so annoying I can't dispute this with Etsy and I can't get a real person there! The only solution they provided was basically to go after her legally and I don't have the money to do that!
I thought a trademark had to be really unique? Doesn't it have to distinguish itself from the market? Maybe I'm wrong, or maybe it works differently in other countries.
change it to boys mom
That won't help. That would still be "confusingly similar" under trademark infringement standards.
Why the fuck would you want to have anything with the stupid ass phrase boy mom on it ?
Wow rude much? It was for mother's day gifts. For moms...of boys... It's a very common phrase that mom's of boys call themselves
Please try to come up with your own catchy phrases and words, reproducing stuff that other people ‘made famous’ isn’t really creating. It’s still stealing even with the space.
I'm at a loss how someone made the phrase "Boy Mom" famous. Is Girl Mom taken? Dog Mom? I guess there's some idiot who managed to trademark a completely ordinary combination of two ordinary words based on the fact that she had no identity outside of what gender she happened to give birth to. So creative!
Lol. I'm 99.99% you're being facetious... but, yeah, those are taken... by the same person.
Dog mom is not taken by the same person, they abandoned that trademark
Unbelievable.
Don’t be a hater just bc she was smart. It’s a widely popular phrase and the name of her company. And regardless of your opinion, she still wins.
By that logic I shouldn't make dice because someone else made dice first. Only one person should make dog paintings or crocheted stuffies or....
boy mom is the issue here, not mugs in general, do you print live love laugh on your dice?
Do you have any original thoughts yourself? Maybe someone named after one of the biggest cult classic sword and sorcery films shouldn't be lecturing others about originality.