Sunday, September 6, 2009

Upsetting news



Good afternoon Friends ~ I just received a comment a little while ago that has me upset to say the least. It is in the comment section of my post about my Plum Cottage Creations blog. See link below.

Here is the comment:

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plum cottage said...

Hi- I love your pages, they are peaceful, taseful and serene. There is one VERY disturbing bit, though. Many years ago I resitered and trademarked the name Plum Cottage and it is supposed to be mine exclusively througout the U. S.
As I also use the web to conduct business I suggest that to prevent confusion, infringement and legal problems you might cease using the name Plum Cottage ASAP. Perhaps another "cottage" would work for you? Sorry to be the bearer of bad news.
September 6, 2009 11:45 AM

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To see the comment and mine back to this person click here

I did a Google search and there are lots of websites using the two words plum cottage in their name.

The person left no contact info, website, or verification.

If anyone has dealt with this type of problem before do you have any tips or advice?

I named our little cottage 'Plum Cottage' because of the color we painted it. I call our gardens Plum Cottage Gardens, and now I'm getting ready to open my Etsy shop called Plum Cottage Creations. My little sign is something I painted and hung by our gate. It's not a 'trademark'.

I don't want to be in violation of trademark laws but from the little I know, this doesn't seem to be a trademark issue.

Thanks for your input.




Zone 10 ~ s.e. FL


6 comments:

Jenny wren's nest said...

I didnt know you sold things on Etsy, very good work I wish you luck.
on the name, I dont have a clue how the name copywrite thing works.

my blog name pulls up anouther blog from some one else, that doesnt use it anymore.
Jenny

Marti said...

That would be very upsetting. I know every time I do a search online, there are multiples of the same name. Just try putting in Ace Plumbing!

I did a quick search and didn't find the name Plum Cottage registered here:
http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4010:8emun8.1.1

Since the lady didn't say what kind of business she had, there is no way to tell if you are infringing or not. Since she is probably watching your blog now, I'd ask her to send you some kind of proof.

I found this site interesting, especially the part near the bottom that says how you can use the same or similar name without being in violation.
http://www.nolo.com/legal-encyclopedia/article-30195.html

Good luck with it, whatever you decide to do.

FlowerLady said...

Jenny ~ Thank you. I haven't opened my Etsy shop yet, but am getting ready to. I've been working on pieces and have pictures to take and upload.

Marti ~ I want to say thank you very much for those two links. This is a big help.


FlowerLady

LeSan said...

This sounds like someone just trying to ruin your day. They left zero information to confirm any of their accusations. If this were a serious "warning" the poster would have left some kind of contact information. I would not engage in conversation with this poster in any way unless and until there is genuine information given to validate their request.
Only then would I pursue following up with some research into it. If and until that happens don't let this worry you.
Anyone who goes to the trouble and expense of registering a trademark is not likely to leave you such a poor communication nor to do so via a comment box on your blog. And finally, the poster said "registered many years ago." If there is any validity to this claim how many years ago was it registered and has it expired? Overal this person's claim/comment is simply too weak to be concerned over at this point.

L. D. Burgus said...

I really agree with the post above. Some people feel important by victimizing others. If they truly were concerned about it they would send you papers and site you. The Universities are registering their trademark logos and so they are going after the local public schools to quit copying their college emblems. The Wisconsin W and the Iowa Hawkeye are being pains in the butt with high schools. No one wants my name, Larry, so that is why I plan to use it on my future business site. Keep smiling, you work is wonderful and Plum Cottage fits your busiess just fine!!!!!!!

Gayle said...

I wouldn't worry about it either. If I was an owner of a registered or trademarked "anything"...and I was interested in getting you to stop using it...I certainly wouldn't contact you in the comments section of a blog. If that person is for real, they would have attorneys and contact you in a proper business-like manner. As my daughter would say..."forgetaboutit".