We Got A Trademark Infringement Letter-What Next? (My Trademark Infringement Story)

แชร์
ฝัง
  • เผยแพร่เมื่อ 6 ต.ค. 2021
  • Hello everyone! This video is a bit different from my regular weekly tutorials. However, I thought sharing this story with you all would help you in some way.
    I am no expert in the area of trademarks, copyrights, or logos. I am not able to give any legal advice, this is just my story about what happened to me and my small business regarding a trademark dispute. In this video, I outline what happened and what steps we took to resolve this matter.
    To look up trademarks go to the United States Patent and Trademark Office: www.uspto.gov/trademarks
    Link to my patreon campaign where I share weekly tutorials and recipes: www.patreon.com/user?u=18602709
    Link to my website where you can find all my handmade products: www.sunshinesoapandcandle.com/
    #trademark #trademarkinfringement #smallbusiness #vlog #blog #copyright
  • แนวปฏิบัติและการใช้ชีวิต

ความคิดเห็น • 849

  • @SunshineSoapandCandleCompany
    @SunshineSoapandCandleCompany  2 ปีที่แล้ว +146

    Hi everyone! I just wanted to say thank you so much for all of your amazing support! I really appreciate all the kind words and empathetic comments and responses to this video! It really feels great to have you all rallied around me!
    There are a few things I wanted to address real quick about some of the comments. I have been asked several times if the company that holds the trademark is a big company (or there is an implication that the other company is a big company). Also, lots of you would really love to know who they are so you won't accidentally buy products from them.
    I can assure you, the company that came after my business is not a big company or anyone you have ever heard of. They don't even sell bath and body products, which is one of the reasons I believe my product was not causing ANY consumer confusion. I am confident, you have never, and won't ever buy items from them. I think they do "police" their trademark, and seek damages from other companies, which is within their rights to do so.
    Also, I have had a few comments now regarding me getting scammed from my own attorney and that my agreement to stop infringing on the mark should have been enough. My response to this is, it is more complicated than that. The other company did not send me a cease and desist letter, they sent me a trademark infringement letter, these are two different things. The implication was that I had already caused damage and tarnished the trademark. When you get a letter like this, they are telling you to cease and desist and also telling you that you may owe them damages. To put it simply, even if you agree to stop using the trademark, they are not necessarily releasing you from liability! This is the part where we felt it best to have representation.
    My attorney's first move was to let the other attorney know that I was willing to stop using the "two word" phrase. In fact we had several conversations leading up to this and we were both hopeful at that time that they would drop it. The other company's attorney came back with a demand to pay and license the name from them. They were seeking damages. At that point we started negotiations. And when we came to an agreement, I was released of liability. I don't feel I could have handled this without representation and am very grateful for the honest help I received from my attorney.
    I hope this does not ever happen to any of you and please share this video with other small business owners!

    • @lyndaperkins9112
      @lyndaperkins9112 2 ปีที่แล้ว +6

      thank you so much for sharing your experience so others can be careful when using names/phrases/symbols and not end up in the same situation.

    • @lisaroper421
      @lisaroper421 2 ปีที่แล้ว +7

      As a wife of an attorney, I am so glad you got one! It is really critical in these situations to make sure all your i's are dotted right, and t's crossed right! I'm not saying the system is the best I can imagine, but if you are stuck in it you definitely need a guide!
      Glad they were able to help you and get this all cleared up!

    • @naordaniel
      @naordaniel 2 ปีที่แล้ว +9

      These are obviously frauds that make money in a "legal" way, don't feel sad for paying the sum you did because going to trial would you usually cost much more, you did the right thing.

    • @lisaantenett5762
      @lisaantenett5762 2 ปีที่แล้ว

      Thank you so much GOD BLESS YOU AND YOURS

    • @caroled3943
      @caroled3943 2 ปีที่แล้ว +3

      So glad you popped up on my suggesteds, your vid was so genuine and sincere I had to check out your product. WOW gorgeous soap. Omgoodness love love love! Can't choose which Im ordering because I want them all. ❤Don't let those jackwagons push you around!

  • @DesignCutters
    @DesignCutters 2 ปีที่แล้ว +220

    The fact that they wanted you to license means they were really not at all concerned about your product diminishing their trademark or their product. I call BS - they sound like predators. You should reveal their company name so people can boycott them.

    • @philmatoph
      @philmatoph 2 ปีที่แล้ว +9

      exactly

    • @beamarla8218
      @beamarla8218 2 ปีที่แล้ว +9

      i agree one hundred percent.

    • @KellyNsGrotto
      @KellyNsGrotto 2 ปีที่แล้ว +16

      She may have signed a legal agreement to withhold that information otherwise that company could sue for defamation.

    • @digitallocations1423
      @digitallocations1423 2 ปีที่แล้ว +11

      @@KellyNsGrotto
      How is it defamation when she's not lying?

    • @cheyennebaker3149
      @cheyennebaker3149 2 ปีที่แล้ว +10

      @@digitallocations1423 Based on legal terms, it can be defaming of the brand. Defamation doesn't have to be false information spread, it just any info that could cause a consumer or third party to form an adverse opinion.

  • @Steffi.EchoGraphix
    @Steffi.EchoGraphix 2 ปีที่แล้ว +316

    It comes off as predatory. If they were confident in their products, why would they need to go after a small business? I'm so sorry you were taken through this hassle.

    • @kutieluvsmj7
      @kutieluvsmj7 2 ปีที่แล้ว +13

      Same exact thing happened to me i was heartbroken

    • @stevienicks1269
      @stevienicks1269 2 ปีที่แล้ว +13

      Because tradematk law says that if they dont fight every instance they can loose the ability to fight for it at all

    • @j.l.thurman2725
      @j.l.thurman2725 2 ปีที่แล้ว +14

      it should only be on a maker's Mark, not words, phrases, colours, Just a mark that is original and not in common use.

    • @Steffi.EchoGraphix
      @Steffi.EchoGraphix 2 ปีที่แล้ว +4

      @@stevienicks1269 Wow, rules that cause everyone excess confusion.

    • @KatieCottingham
      @KatieCottingham 2 ปีที่แล้ว +8

      @@j.l.thurman2725 So that's actually gone to court more than once. The most recent that I recall actually getting press and the judge ruling against the person filing was Paris Hilton. She was made to change her filing and limit her category of usage to what she actually did and stop making filings for things she had no functional work in and no connected business dealings with. There are limitations, but the argument of "common use" and "public domain" has been an ugly legal battle over recent decades with people with money winning more and more, and everyone else suffering for it.

  • @edwardkantowicz4707
    @edwardkantowicz4707 2 ปีที่แล้ว +177

    Sounds like legally sanctioned EXTORTION. Best wishes, and thanks for the warning. I'm a bit dismayed that you could not reveal the company, as I should think there should be consequences for their behaviour, regardless of it being "legal". You're spot on calling the practise out as unethical.

    • @KatieCottingham
      @KatieCottingham 2 ปีที่แล้ว +19

      If she'd contested the claim in court it would be public knowledge, but by attempting intimidation, and her own lawyer playing into that, they get to keep things secret and protect those who have money already and use their "businesses" to leech others of hard earned income.

    • @tigermoth61
      @tigermoth61 2 ปีที่แล้ว +4

      When I first listened to this sad story, that is exactly what I thought. EXTORTION.

    • @MegaFairandsquare
      @MegaFairandsquare 2 หลายเดือนก่อน +1

      It’s public record! I found it with no problem. These big companies are on a mission to intimidate small businesses like ours.

  • @stacyreid211
    @stacyreid211 2 ปีที่แล้ว +142

    Humans never disappoint. Everyone wants a profit from everyone. I’m glad you came out ok. Smh

    • @carolyncunard3558
      @carolyncunard3558 2 ปีที่แล้ว +1

      So you don’t think people and or companies should be able to protect their products

    • @stacyreid211
      @stacyreid211 2 ปีที่แล้ว +3

      @@carolyncunard3558 I said what I said

    • @stacyreid211
      @stacyreid211 2 ปีที่แล้ว +1

      @@carolyncunard3558 also listen to what she said. She had no idea she was doing anything. Don’t take things out of context.make it a great day.

    • @beamarla8218
      @beamarla8218 2 ปีที่แล้ว

      karma will get them

    • @ohworldgirl
      @ohworldgirl ปีที่แล้ว +1

      @@carolyncunard3558 She has a smaller company and as soon as she agreed to the cease and the desist - please , let it go - it was like they were use their trademark as leverage. OK if they ask her to just pay their legal fees, I'd have a tad more respect.

  • @mjones8176
    @mjones8176 2 ปีที่แล้ว +72

    This reminds me of these two British guys who trademarked “Yoruba,” as you know “Yoruba” is the name of a cultural group in NIGERIA; thus if that cultural group or Nigerians themselves were to use their name on any products or items, these two British guys could sue individuals or the country of Nigeria for using its name. Of course, The Nigerian Twitter went after the two gentlemen for appropriating their Nigerian name, culture, and tradition, and the two men stated that they wouldn’t “sue” over the use of “Yoruba.” Thank you for sharing. You will be blessed. The company that went after you will - in time - succumb to its own tactics.

    • @fralou1
      @fralou1 2 ปีที่แล้ว +1

      Karma. That’s all I’m going to say.

    • @Buddhavibez
      @Buddhavibez 2 ปีที่แล้ว

      Interesting story, any idea where I can find it in full?

    • @IHeArTrOcK20
      @IHeArTrOcK20 ปีที่แล้ว +4

      Can you imagine the audacity of those two men!?

  • @keyamoore8031
    @keyamoore8031 2 ปีที่แล้ว +69

    OMG. All they wanted was money. Just terrible😩 🙏 for you. Thank You for sharing

  • @naturalbodyessentials
    @naturalbodyessentials 2 ปีที่แล้ว +92

    I’m so sorry this happened to you, there are so many companies out there like that want to take advantage of small businesses.

    • @SunshineSoapandCandleCompany
      @SunshineSoapandCandleCompany  2 ปีที่แล้ว +7

      thank you and yes, it really is a shame!

    • @salwashaikh1772
      @salwashaikh1772 2 ปีที่แล้ว +3

      Thank you so much for your great information and this thing it happens as far as they know the law with the companies it happened especially with small businesses; however I see the picture in different ways we all got a very good beneficial information from your video and we got a good lesson thank you so much keep shining.

    • @debbie1016
      @debbie1016 2 ปีที่แล้ว +6

      Sounds like the other company was trying to make money from you. Any existing customers who knew there product and purchases it would know the difference in the products already.. Anyone else would not be aware of it anyways to cause any confusion. Sounds like they just wanted to make a quick buck off of you.

  • @sewmad1400
    @sewmad1400 2 ปีที่แล้ว +36

    😮 I’m so glad the algorithm suggested this to me. I’m just starting my own business and Trademark infringement isn’t something I’d considered. It reminded me of occasions when American companies have even gone after small businesses here in Australia. I followed the link to the trademark website and now I’m going to completely rename my products. Thank you. You may have saved my embryonic business!

  • @fabricatedreality8218
    @fabricatedreality8218 2 ปีที่แล้ว +58

    Thank you for sharing. I've only began making and selling handmade items in the past two years and I've been wondering about trademarks and naming products. This story scared the crap out of me. I'm so sorry you had to go through this.

    • @elzy133
      @elzy133 2 ปีที่แล้ว +10

      Bigger companies or people with lots of money like to have a monopoly on trademarks. Can make having a small business more of a challenge. But you have to keep going, and keep learning. Can't let them get to us or stop us.

  • @ShamaShamica
    @ShamaShamica 2 ปีที่แล้ว +9

    As a trademark attorney I’m glad that you made this video to help other entrepreneurs understand how easily they can face a similar situation. Trademark infringement is not just about selling similar products. But as you mentioned, it’s more about the likelihood of confusion that your product could cause among customers of the company with the trademark. You could be selling a completely different product but if it has the same name as a trademark and you are selling within the same category/industry then it is more likely that there will be a finding of a likelihood of confusion and a resulting trademark infringement.
    I think it should also be noted that one shouldn’t solely rely on the results of a trademark search on the USPTO website to think they’re in the clear for a trademark. There could be applications for trademarks that have been filed but not yet registered that will not show up on a uspto search. Trademark attorneys do use special programs to help perform a thorough search.

    • @monicag.1527
      @monicag.1527 2 ปีที่แล้ว +1

      Curious, if there is evidence someone was selling a product with a name/phrase prior to it officially having been trademarked by someone else, can that stand in court? That would be a lot of upfront money for a fledgling business to have to invest in hiring a TM attorney, and going through the process of TMing every product they make.

    • @ShamaShamica
      @ShamaShamica 2 ปีที่แล้ว +3

      @@monicag.1527 Hi. Great question! Let me put my disclaimer here: although I am an attorney, I am not your attorney. The information shared here is for informational purposes only and does not constitute legal advice and does not create an attorney client relationship.
      To answer your question, in the U.S., priority over a mark is based on the date of first use of the mark as opposed to the first person to file an application to register the mark. So someone who has an unregistered trademark can have priority over someone who later files to register the same mark if the person with the unregistered mark can show that they were actually using that trademark in commerce before the subsequent filer. A person with an unregistered mark will still have rights to that trademark but only under common law. An unregistered trademark’s protection is only limited to the geographic region where it’s being used. So say you were using your unregistered mark in a specific city and town, your protection and right against infringement would only be limited to that specific city and town. You would not be able to prevent someone else from using the same mark in another region.
      So, while federal registration does not guarantee priority over the mark, it’s often recommended that one registers the mark at a federal level because you get many advantages from doing so such as the ability to sue against infringers in federal court, presumption of ownership, and notice of ownership to others nationwide. It can end up being a much better investment to register the mark upfront as soon as you can versus having to prove priority over an unregistered mark later on, especially against big companies with deep pockets.

    • @monicag.1527
      @monicag.1527 2 ปีที่แล้ว +1

      @@ShamaShamica thank you so much for taking the time to leave such a thoughtful reply! That is good info to know, especially about mentioning going to the federal level. Considering different entrepreneurs have different goals/aspirations for their business, what you have mentioned is truly insightful!

    • @ShamaShamica
      @ShamaShamica 2 ปีที่แล้ว +1

      @@monicag.1527 You're more than welcome! And yes, you are right, every entrepreneur has different goals and not everyone may want to take it to a federal level but knowing the options available and the level of protection is useful. Glad I could help.

  • @PrincessLopez
    @PrincessLopez 2 ปีที่แล้ว +146

    Thank you for sharing your experience and giving us the knowledge on how to avoid the same.
    I agree. It would have been more ethical for the company to contact you directly and ask you to cease using the name. It's very unfortunate there's people out there seeking to financially gain from such an easy mistake.

  • @SkywatcherSandra
    @SkywatcherSandra 2 ปีที่แล้ว +3

    Disgusting how businesses seek out to hurt people and not guide them to stopping the infringement. Shows their true colors. HUGS and GOD bless us everyone

  • @SarahU2000
    @SarahU2000 2 ปีที่แล้ว +16

    I’m sorry this happened to you but I am so thankful that you decided to make a video to help us. Most of us are learning as we go so this video was so helpful.

  • @christhomas1994
    @christhomas1994 2 ปีที่แล้ว +33

    I'm so sorry that you had to go through this. Thank you for your openess and transparency and helping us to learn from your experience. Through you the phrase "forewarned is forearemed" becomes so true for us who learn from you. I hope that you find peace as you put this unpleasant episode behind you. Looking forward to continued great content from you! Be well.

  • @TamTheEnlightenedAuntie
    @TamTheEnlightenedAuntie 2 ปีที่แล้ว +25

    This makes me grateful for knowing a trademark attorney. I literally stumbled upon this video…as I have products on the market that I’ve created…and this would devastate me. I’m so sorry you had to go thru it. Thank you for sharing this information.

    • @myozbubble
      @myozbubble 2 ปีที่แล้ว +3

      I took a one day class at a local university on trademarks, copyrights and patents. A trademark attorney was the instructor. His clients were writers and people who created designs for fabric. It was quite interesting and I learned a lot. Since I owned a business at the time, it was a tax right off for me too.

  • @EllenRuthSoap
    @EllenRuthSoap 2 ปีที่แล้ว +64

    Cory, thank you so much for sharing your experience. I'm so sorry this happened! And I appreciate the info and warnings you gave us.

    • @SunshineSoapandCandleCompany
      @SunshineSoapandCandleCompany  2 ปีที่แล้ว +1

      thank you!

    • @anned8575
      @anned8575 2 ปีที่แล้ว +2

      Cory, just a question, did you look up the trademark yourself? Sometimes a trademark will be applied for but rejected or denied.
      Just a thought before you pay out lots of $. To me it looks like some company (?) trying to scam people- should have been settled with you complying instead of offering a liscense. 🙏

    • @SunshineSoapandCandleCompany
      @SunshineSoapandCandleCompany  2 ปีที่แล้ว +3

      @@anned8575 yes, we thought at first it was scam but they really do own the trademark.

    • @anned8575
      @anned8575 2 ปีที่แล้ว +3

      @@SunshineSoapandCandleCompany I'm sorry you are going through this.

  • @rlpittard
    @rlpittard 2 ปีที่แล้ว +21

    So I looked into trademarking one of my products and I was told by my attorney that it is very tough to get the name of a product trademarked unless it is a very unusual name. They said it could take up to a few years for it to go through, if it even does and most of the time it will not. I am very surprised at that company was able to trademark that small phrase. I truly am sorry this happened to you, especially someone that is so willing to help other people. Thank you for sharing this information with everybody, especially those who are out there trying to sell there products. Take care and thank you again
    Leanne

    • @saltdoll5288
      @saltdoll5288 2 ปีที่แล้ว +2

      We weren't told what the phrase was, were we? Unless it was "skin care".
      I thought she intentionally did not tell us, being cautious to avoid further trouble.

    • @nomdeplume2213
      @nomdeplume2213 2 ปีที่แล้ว

      @@saltdoll5288 same

  • @janetsmith4790
    @janetsmith4790 2 ปีที่แล้ว +17

    Thank you for being so honest and brave to share your experience. You are so kind to offer this information to help others when you are still in the midst of all of this. I have just recently subscribed to you and have learned so many things as I begin my journey. I find you very professional and knowledgeable. Stay strong and know that you are helping so many others! Many Blessings to You!

  • @WUVIE
    @WUVIE 2 ปีที่แล้ว +19

    While clicking around TH-cam, I saw the title of this video, and immediately knew I had to watch it. Years ago, I had a web page specific to long hair care. In my meta tags, I had included a term about taking care of your hair in a manner similar to touching or stroking gently. Similar to your situation, I received a cease and desist letter, and at first, thought it was a joke. A soap company, of all things, was coming after me, a small-town nobody with a simple webpage for hair care. Nothing for sale, no promotions, nothing, just something I came up with out of boredom, and yet I posed a confusion issue with consumers? Wow. "Gee, I thought I was buying soap, but looks like I bought...nothing, from a woman who was selling nothing?" Seriously.
    A trademark infringement on a verb, or a noun. Baffling.

  • @M5CAP1TAL
    @M5CAP1TAL 2 ปีที่แล้ว +35

    There was no trademark infringement.
    There was no customer confusion.
    That company was just being a bully, and a greedy one at that.
    Thanks for sharing your story!

  • @Mariana-ym6zf
    @Mariana-ym6zf 2 ปีที่แล้ว +20

    I still get the feeling that they do this more often than you know to get their hands on good products without going through the development process themselves.... Good for you to not just give in!

  • @janmoran2106
    @janmoran2106 2 ปีที่แล้ว +4

    Bless your heart! The way you presented your situation shows how much integrity you have. Thank you for sharing your story with us.

  • @dstevens1316
    @dstevens1316 2 ปีที่แล้ว +1

    THANK YOU for sharing this information! You did a great job with the video! You gave us so much knowledge that I personally would have never known had you not made this video. I don’t sell any product but that’s not to say I never will, so a huge thank you, Cory! I’m happy you were able to resolve this issue and still be here in business dooming your tutorials and sharing your recipes! So thankful for you and ALL the knowledge you share!

  • @Jen.O
    @Jen.O 2 ปีที่แล้ว +63

    On another note, here's how funny how trademark infringement can get: I got a cease and desist letter from "Chanel" when I listed an item on Etsy. What was it? A $5 vintage sewing pattern for a jacket I called "Chanel style". LOL, Chanel was stooping pretty low to send such a letter for a one-off item.

    • @sharontrujillo7793
      @sharontrujillo7793 2 ปีที่แล้ว +9

      It's not though....it's their name....has always been. 🏵️

    • @sdtreats2876
      @sdtreats2876 2 ปีที่แล้ว +1

      Chanel is really strict u can’t even make cupcakes either the cc issues the cc dripping and they told me I was infringing it’s silly to me

    • @tru2love610
      @tru2love610 2 ปีที่แล้ว +1

      Same EXACT thing happened to me on Etsy not even 2 days after I posted it on a custom jacket with a CC patch on the back, but Im confused because ppl are allowed to sell the patches to me. I put it on Poshmark & no problem. Smh

  • @QueenE_84
    @QueenE_84 2 ปีที่แล้ว +7

    Thank you for sharing this is the scary part of owing a small business. But I’m definitely about to work on trademark research on my products and trademark my products… so helpful wish all the best moving forward ☺️

  • @kathleendearana4498
    @kathleendearana4498 2 ปีที่แล้ว +1

    I am SO sorry this happened to you! And, it's wonderful that you are giving a piece of simple advice to others!

  • @LynetteB71
    @LynetteB71 2 ปีที่แล้ว +116

    You are being so kind about this entire issue. I would be calling them out al over social media (1st amendment right) People like that need to be called out by name so we know who they are and what they are trying to do.They are only looking for money!

    • @rebeccafionacornel6558
      @rebeccafionacornel6558 2 ปีที่แล้ว +8

      i agree

    • @jpvintage
      @jpvintage 2 ปีที่แล้ว +13

      I agree. But then there’s “slander”… They would be back.

    • @jackiepik160
      @jackiepik160 2 ปีที่แล้ว +20

      Freedom of speech applies to the government making laws. It does not apply to companies. Also freedom of speech doesn’t give you a free pass, there are always consequences for actions.

    • @jessicataylor2603
      @jessicataylor2603 2 ปีที่แล้ว +14

      Most settlement agreements have non-disparagement clauses, as well as demands not to disclose details of the settlement, like amounts. Notice she never uses the two-word phrase. That’s a good indication this may be her case. She also would have been advised by her attorney not to further tarnish the company during the entire process too. It’s pretty clear this company uses their trademark as a revenue stream, and that’s a sad part of American business.

    • @zoeemiko8149
      @zoeemiko8149 2 ปีที่แล้ว +8

      You don't understand free speech. If she were to follow your advice she would lose in court and be out hundreds of thousands of dollars in damages.

  • @EdensSecret1
    @EdensSecret1 2 ปีที่แล้ว +19

    Wow, I had no idea they could just fine you like that. I thought to cease and desist yes but not ask for a lump sum, thank you so much for sharing your experience with us all. Very informative and helpful. I once got a call from Chanel and they simply asked me to stop using the name, of course, I did stop and nothing else happened and that was how Chanel handled it...

  • @ddoublya
    @ddoublya 2 ปีที่แล้ว

    Thank you so much for sharing this. I’m starting up my business and trademark is super important. I’m so sorry this happened to you. I’ve worked in the skin care biz and they are cutthroat and honestly so go greedy. Keep your head up and please know you have helped me avoid a pitfall. Thank you so much!

  • @nylevettemilligan8829
    @nylevettemilligan8829 2 ปีที่แล้ว +2

    Wow! Thank you so much for posting this! God bless you for going through this and sharing this with us.

  • @KateLloyd128
    @KateLloyd128 2 ปีที่แล้ว +3

    I'm so sorry you had to go through this. They sound like a really predatory company. I appreciate you sharing this info with us...super helpful. I had no idea you could trademark a phrase!

  • @susannminall7456
    @susannminall7456 2 ปีที่แล้ว +1

    I'm sorry this happened to you. Love all your videos, they are relaxing, educational and informative. Thank you for all that you do.

  • @healingbloomsfarm
    @healingbloomsfarm 2 ปีที่แล้ว +1

    Thank you for this video. It is important for all of us to stay in the "know" regarding the legal aspects of this business. This was a great wake up call for me to look closely at all my products. You are awesome! I'm so happy it is settled and over with, it must be a relief.

  • @kyleew6861
    @kyleew6861 2 ปีที่แล้ว +1

    you did great at explaining and totally not boring! you're great at videos like this just so you know!:) I'm ready to open a small business and the last step I decided to take was to research this topic as much as possible before launching. So thank you this information was super helpful!!!

  • @aetherscentsrx
    @aetherscentsrx 2 ปีที่แล้ว

    Really appreciate how gracefully you’ve handled this atrocious situation. I love watching your videos and value your creativity. I had been planning to trademark my business for awhile, but your experience really put it on the forefront of my plans to get it done asap to protect myself from this type of predatory litigation. Best of luck, the small business skincare community supports you!

    • @SunshineSoapandCandleCompany
      @SunshineSoapandCandleCompany  2 ปีที่แล้ว +1

      Thank you so much Courtney! You will probably find my next video very helpful as well! We are publishing a follow up video on Wednesday where I interviewed an attorney regarding these matters

  • @TonicMercantile
    @TonicMercantile 2 ปีที่แล้ว +6

    Appreciate you discussing this stressful topic. As a new business owner, this was very helpful information to know. I'm in the process of hiring a lawyer to form my LLC and will discuss my concerns with trademarks, company logos, etc. And I agree with you...a simple cease and desist letter would have been sufficient - they were just after money. It would be interesting to see the data from the other company on how confused consumers actually were and if they actually had any sales for that product in question.

  • @craftingwithcharm7665
    @craftingwithcharm7665 2 ปีที่แล้ว +3

    Dang, That was a scary situation to go through. So glad you were able to work it out & thank you for educating us on trademark infringement.

  • @Janepint
    @Janepint 2 ปีที่แล้ว +1

    No, I'm not bored. I'm very happy that you sent out this warning to us that have small businesses. I will keep your advice in mind every time I name a product. It's very timely advice too, as I am working on a website that could draw attention to my product names and bring them in question. I was under the impression that I only had to worry about my company name. Apparently you can use your own name and no one can contest that. Thank you very much! I'm sure you have been very helpful to many small business owners.

  • @starbrown1219
    @starbrown1219 2 ปีที่แล้ว

    So sorry that you had to go through this. Thanks for sharing some really valuable information. Good luck with your business.

  • @crissyricci3287
    @crissyricci3287 2 ปีที่แล้ว

    You are so kind about the matter. Thank you for the information. You are surely saving someone with your experience.

  • @sherralieberry-majeski5972
    @sherralieberry-majeski5972 2 ปีที่แล้ว +1

    Thank you for sharing your story. It is invaluable. I am so sorry you were unnecessarily assaulted.
    In my fathers business, he manufactured ceramics and he used to get trademarks, but quit do it because all a competitor had to do was change the design a little such as remove the veins in the leaf pattern or lower the pattern some around the bowl.

  • @stachayoung6582
    @stachayoung6582 2 ปีที่แล้ว +3

    That sucks!!! I’m so sorry that happened to you. Thank you for sharing your experience and God will restore you 10 fold. You have many blessings to come. Stay strong

  • @plantmamadrama9696
    @plantmamadrama9696 2 ปีที่แล้ว

    Thank you for sharing your experience with us. I’m sorry you had to go through such a difficult time. I’m glad you got through it all. 🙏

  • @donabouse5957
    @donabouse5957 2 ปีที่แล้ว +1

    I am one of your Patreon subscribers and voted yes to this story. Watching your video and listening, well the anger grew and by the end I was ticked off. You’re so graceful and polite. I guess my 15 years I’ve spent as a police officer have jaded me because there’s no way I could keep my mouth shut about them and exposing their unethical practices. I love you to pieces and love your content. You are my peaceful place and I’ve learned so much from you. I absolutely abhor what has been done to you. Thank you for sharing. You did a great job.

  • @mandiruscher7335
    @mandiruscher7335 2 ปีที่แล้ว +6

    I am so sorry this happened to you, sounds horrendous and I’m grateful you shared so we could learn.

  • @axandreashane
    @axandreashane 2 ปีที่แล้ว

    Thank you for sharing your experience and story. I am sorry this happen to you, but importantly you were able to continue to move forward with your business. This I applaud you. 👏🏼👏🏼 I truly enjoy watching your videos and much success to you and your future endeavors. ✨

  • @livingin1984
    @livingin1984 2 ปีที่แล้ว +84

    Sounds like trademarks are too wide and vague. You shouldnt be allowed to trade mark just anything. When a party states sorry didnt realize it was trademarked, then stops using it that should be the end of story, especially when the accidental use of it doesnt cause confusion. Unless its a popular one that lots of people know.
    Curious what company this was because i dont want to give them any support inadvertently.

    • @hannahchante
      @hannahchante 2 ปีที่แล้ว +18

      Way too broad, just another opportunist and their attorney taking advantage of this system that allows them to.

    • @JCcreates927
      @JCcreates927 2 ปีที่แล้ว +3

      No it is up to each person that makes a product to know if they are breaking trademark laws or not, if not sure get a trademark attorney! I see people all the time breaking trademarks on purpose it is almost never by mistake. It sounds like she used a similar name as the other product which you would surely know.

    • @hannahchante
      @hannahchante 2 ปีที่แล้ว +3

      On purpose?? Examples please

    • @KatieCottingham
      @KatieCottingham 2 ปีที่แล้ว +7

      @@JCcreates927 Yes, there are definitely assholes out there who think they'll never get caught. However, a common use phrase or term is something that gets fought in court all the time because of the predatory practice of trademarking things that use common vernacular. Big names like Paris Hilton come to mind, who lost most of her complaint and was forcibly recategorized as a result. But, most decent people not intentionally breaking a specific trademark of common vernacular don't have the funds for a GOOD lawyer who knows what they're doing and how to fight on existing precedent.

    • @danalane6629
      @danalane6629 2 ปีที่แล้ว +2

      Agreed! They use vague language and try to intimidate people for just using descriptive phrases to sell their own products!

  • @beauticianfoxsalonllc4398
    @beauticianfoxsalonllc4398 2 ปีที่แล้ว

    My sister shared you video with me Thank! Thank you for sharing this. I'm sorry you had to experience this. I'm Grateful for all the information you shared! Blessings to you and business.

  • @anncammack7989
    @anncammack7989 2 ปีที่แล้ว +3

    Thank you so much Cory for sharing your experience. I have been making soap and candles for over twenty years and I am just starting out as a small business owner. It is easy to think that experiences like yours will never happen to me but I know better. Thanks for the reminder to research trademarks just to be safe. God bless you! I have really enjoyed your videos.

  • @myattt7173
    @myattt7173 2 ปีที่แล้ว +1

    You've taught me a lot to think about. I'm sorry this happened to you. But thank you for sharing! Better days ahead 🌞

  • @estelasteele1173
    @estelasteele1173 2 ปีที่แล้ว +8

    It seems that when dealing with a small business, a "cease and desist" letter could have taken care of the issue without costing excessive monies. I so appreciate you sharing your experience.

    • @mcescher1957
      @mcescher1957 2 ปีที่แล้ว +2

      Which is kind of proof that this had nothing to do with ANYTHING but a greedy company wanting money that they don't deserve. The can understand trademarking product "names" but the idea of trademarking certain "words" is absolutely crazy. Everybody seems out to stick it to the little guy...one of the reasons I have never started my own craft business,.

  • @demingajcreations6182
    @demingajcreations6182 2 ปีที่แล้ว

    I am sorry this happened to you. I am in the beginning stages of trying to start a small business, and it is scary trying to be on the look out for what you say and how you phrase and word your products. I am truly grateful for this information that you have shared. Some people would have not shared there experience or the info to prevent this situation. So thank you so……. Very much.

  • @myozbubble
    @myozbubble 2 ปีที่แล้ว +37

    As a former makeup creator and independent business owner, I'm so sorry that this happened to you. It does sound like the other business is a predator on small businesses. Thank you for sharing your experience. All the best to you! I would like to know who that business is as I would not want to give them any of my money.

    • @digitallocations1423
      @digitallocations1423 2 ปีที่แล้ว +1

      I wish she could have told us their name.

    • @ruthdella37
      @ruthdella37 ปีที่แล้ว

      If she told us: remember: it’s FREE PUBLICITY for them! Money and FREE publicity! Wow! What a SCAM! So sorry it happened to a VERY NICE HARD-WORKING WOMAN!

    • @IHeArTrOcK20
      @IHeArTrOcK20 ปีที่แล้ว +1

      @@ruthdella37 well everyone wants to know so we can boycott not so we can buy products 😂

  • @MysticBudgets
    @MysticBudgets 2 ปีที่แล้ว

    I'm sorry this happened to you. Especially you who helps so many people with your craft an willingness to share your how To's with the world of youtube. It's scary how this can happen

  • @jeaniceanderson
    @jeaniceanderson 2 ปีที่แล้ว +10

    I'm so sorry you had to experience this. This video is an eye opener for small businesses.

    • @alygarden9875
      @alygarden9875 2 ปีที่แล้ว

      Yes....that this world is full of SHARKS😠😤😠😤😠

  • @Bellessentials
    @Bellessentials 2 ปีที่แล้ว

    Oh my! I am so sorry this happened to you and thank you so much for sharing your story! I think we all will be taking a closer look at our products and how we market them!

  • @janemason9215
    @janemason9215 2 ปีที่แล้ว

    I am so sorry this has happened to you.
    It is a lesson to all of us that are small business owners to educate ourselves completely before jumping in the business pound. Litigation is not only costly but takes a toll on a person emotionally. Yes the big company could have handled this much differently but why would they when they can benefit financially from litigation. Thank you so much for helping in the education process. We can all learn from each other’s mistakes.
    Again so sorry you had to get your education this way. My goodness how stressful.

  • @dulceesperanzareyes7326
    @dulceesperanzareyes7326 2 ปีที่แล้ว

    Thank you so much for sharing this. It helps immensely and so sorry you had to go through it!

  • @antheafewquandie7979
    @antheafewquandie7979 2 ปีที่แล้ว

    my heart goes out to you what this company has put you through. its sad that there are companies out there that only do for monetary gain when they could have just asked you to rename because they have a trade mark on it , this has made me more aware of my products how i name them now and like you said we are a small business with a passion for what we do and you share such great content helping us all to learn and have fun with it .so thank you for that and take care and every success moving forward 💖 ( Australia )

  • @LiveSleepResin
    @LiveSleepResin 2 ปีที่แล้ว +1

    Thank you for sharing what must've been a painful and worrying time for you. Onwards and upwards x

  • @nicolecoley911
    @nicolecoley911 2 ปีที่แล้ว +4

    WOOOW IM SO SORRY THAT HAPPENED TO YOU, SO NOT FAIR. Small business companies are on the rise, taking over and those big companies feel threatened, like u said they could’ve just ask u not to do it again and change ur naming wooow. That’s why I’m not heavy on the naming I keep it simple & silly I’m soooo mad with you sister, I’ve learned so much from you. Keep ur head up and keep doing wonderful DIY’s 🙏🏾🥰

  • @spaluxormassage5753
    @spaluxormassage5753 ปีที่แล้ว

    Thank you for being so brave throughout that process and thank you for sharing this info with us! I am so grateful for this information. I know you are helping many people with this information. :)

  • @micole83
    @micole83 2 ปีที่แล้ว +65

    Thank you for sharing. It seems as though small businesses should be protected from instances like this. Like a warning the cease and desist should have been a first step.

    • @SunshineSoapandCandleCompany
      @SunshineSoapandCandleCompany  2 ปีที่แล้ว +4

      exactly!

    • @carlab30
      @carlab30 2 ปีที่แล้ว +19

      Right how did they jump straight to pay us. Sounds like a money grab

    • @zenobiabrown
      @zenobiabrown 2 ปีที่แล้ว +11

      I’m confused just did a Q&A with a patent attorney who stated cease and desist meant stop now or we will seek damages.

    • @zenobiabrown
      @zenobiabrown 2 ปีที่แล้ว +1

      So sorry this happened

    • @tigermoth61
      @tigermoth61 2 ปีที่แล้ว +2

      You would think this would be the case, but this company wasn't protecting their trademark, they were deliberately out to extort money from her.

  • @johnbubu8310
    @johnbubu8310 2 ปีที่แล้ว

    You did the right thing. You paid the least, least stress and now you can use your product changing those words. Well done!

  • @juliemitchell4739
    @juliemitchell4739 2 ปีที่แล้ว

    Thank you so much for sharing this! I'm just going to be starting out and this is good to know.

  • @christinebarnaby7303
    @christinebarnaby7303 2 ปีที่แล้ว

    OMG what a nightmare!!!! Thank you so much for sharing your story. I am so sorry that this happened.

  • @lynnebizlyne436
    @lynnebizlyne436 2 ปีที่แล้ว

    It is so sad you had to go through this. I appreciate your posting this video for others to see how predatory some companies can be just trying to squelch the "little businesses" or force them to get licensed by them. A friend of mine was using an icon of 'Garfield the cat' as her avatar in a forum and they came after her for just using the picture as an icon, she was not making money or anything as it was a discussion forum only. So you really need to be careful of anything being used that predators will come after. Thanks again for posting.

  • @Mamajo864
    @Mamajo864 2 ปีที่แล้ว

    Thank you for sharing your story…and thank you for being the “bigger person” in this entire ordeal. God rewards the faithful and I respect your integrity so much!

  • @maddhatter1219
    @maddhatter1219 2 ปีที่แล้ว +23

    Things like this should NEVER happen to small businesses! To me, the only time that there should ever be a payment demand is when there is a blatant violation of a trademark that is obvious for products where there has been a substantial investment from the trademark holder. Naming a hamburger chain "Lindy's" and using a drawing of a redhaired girl as the mascot/image and having a similar menu would be a blatant trademark infringement. Not saying it need go to such extent, only that it would obviously indicate intent to capitalize on someone else's name/reputation. A few words in a description of what a product can or cannot do however doesn't seem to rise to such a level. Sad that this happened to you and I think that these kinds of acts hurt not only you as an entrepreneur but also other startup and small businesses.

    • @SunshineSoapandCandleCompany
      @SunshineSoapandCandleCompany  2 ปีที่แล้ว

      exactly my thoughts!

    • @alygarden9875
      @alygarden9875 2 ปีที่แล้ว

      Perfectly stated☝️👏👏.
      (But, It's just money hungry companies and people)....😤😠😤😠

  • @vickibenn1284
    @vickibenn1284 2 ปีที่แล้ว

    Thank you for making this video. I am so so sorry you had to go through this. I completely agree with everything you are saying!

  • @taniacomella2362
    @taniacomella2362 2 ปีที่แล้ว

    thank you so much for this video. It is a real lesson for everyone. I love the way you handle the situation and admire you for it. thank you again.

  • @speranza8494
    @speranza8494 2 ปีที่แล้ว +3

    This is basically extortion and totally disgusting. This is how they run small businesses out of business. It is so sad to see this happening. Thank you for this video!

  • @sarienawatkins9566
    @sarienawatkins9566 2 ปีที่แล้ว +1

    Straight Greed😡.
    You are absolutely correct, why couldn’t they reach out to you in a more ethical manner. I am so sorry this happened to you. Minor set back for a greater come back. You are amazing. You gave me strength to start my own business. Thanks for sharing your experience so other entrepreneurs are aware. Be blessed!

  • @michelenickum5622
    @michelenickum5622 2 ปีที่แล้ว +3

    I’m so sorry you had to go through this. It’s inconceivable to me that they just couldn’t have reached out to you without even involving lawyers. In any case thanks for sharing your story and your video was well done! Thank you for all you do and all you share!>

  • @Anaturalbeauty
    @Anaturalbeauty 2 ปีที่แล้ว

    Wow wishing you much success with your small business and sending you much love and positive vibes

  • @LashDiva5
    @LashDiva5 2 ปีที่แล้ว +35

    THIs video just changed the ENTIRE direction I was going to take on a Business venture. The POSSIBLE reward ($$$) is NOT worth the risk. THANK YOU! I took this as a HUGE sign from the Universe to bring this thing to a SCREECHING HAULT! Glad you came out ok at the end, though!

    • @lkuypers3680
      @lkuypers3680 2 ปีที่แล้ว +1

      I know. I had toyed with the idea also. But NO THANK YOU!

  • @RexySmith
    @RexySmith 2 ปีที่แล้ว

    wow =O would never have thought about something like this. Thank you for making this video !

  • @jennifermarie2040
    @jennifermarie2040 2 ปีที่แล้ว

    I'm so sorry that happened! That is really icky! That makes me so mad! Thank you for sharing !!

  • @beckynunn4649
    @beckynunn4649 2 ปีที่แล้ว

    Thank you for this. It's good information for all of us that want to start a small business. I myself make crafts and am going to sell online. So now I know about trademark and hopefully can avoid this. I am sure you've help so many people with this video. Thank you!!!! Wishing you so much success! Hope you make up all you had tp pay those vultures ans so much more.

  • @lizrodriguez2979
    @lizrodriguez2979 2 ปีที่แล้ว

    I am so sorry, this happened to you Cory. Keep your head up. I love all of your videos.

  • @crystaltodd6906
    @crystaltodd6906 2 ปีที่แล้ว +4

    Thank you for sharing. This kind of stuff is what makes me apprehensive about starting my business. This is a sue happy country. I’m sorry this happened to you.

    • @LadyBug-xp1ox
      @LadyBug-xp1ox 2 ปีที่แล้ว +1

      Hi, Crystal! I felt the same way when I started my business last year, but after learning how to use the trademark tool I went ahead started. It’s worth it to start! It’s a shame that some people can make it scary to start a business.

  • @sylviagray4206
    @sylviagray4206 2 ปีที่แล้ว

    Wow, such a shame you had to go through that, thanks for sharing. You did an excellent job on the video.

  • @heloisest-croix1257
    @heloisest-croix1257 2 ปีที่แล้ว +2

    Hi Cory! I'm sorry that you had to go through this, you're a strong and gracious woman, always keep your head up no matter what dear. I love you 😘

  • @melaningoddess6376
    @melaningoddess6376 2 ปีที่แล้ว

    I am sorry this happened to you. Thank you for doing what you always do which is giving away free useful information. For this you will be even more successful and blessed. Take care.

  • @Marshirmarshir
    @Marshirmarshir 2 ปีที่แล้ว +1

    Thank you so much for your advice and time on this subject. It was very informative. I wish you all the best! You are so sweet and it’s a shame this had to happen to you. ❤️

  • @lynnerourke4556
    @lynnerourke4556 2 ปีที่แล้ว

    This is my first visit to your channel and l have subscribed. I am so sorry that you had to go through all that you did. The best of everything moving forward

  • @alexxdaye1
    @alexxdaye1 ปีที่แล้ว

    Extremely helpful! Thank you soo much for this! We all need this kind of information.

  • @corieddings5713
    @corieddings5713 2 ปีที่แล้ว +5

    Thank you hun. I watch a couple of you tubers that the same thing happened to. Some one gets paid to sit behind a desk looking for this kind of stuff.

  • @lindap7983
    @lindap7983 2 ปีที่แล้ว +3

    I’m so glad your video popped up when I was browsing. I just placed my first order.

  • @boutiquesoapz710
    @boutiquesoapz710 2 ปีที่แล้ว +2

    Thank you for sharing this. It is so scary to name a product now but I will need to look into it here in Australia. Thanks again

  • @trisakelso
    @trisakelso 2 ปีที่แล้ว +1

    I really hate that this happened to you. I’m very thankful that you shared your experience because you sharing has been very helpful. Bless you.

  • @bengalbabe90
    @bengalbabe90 2 ปีที่แล้ว

    THANK YOU FOR THIS VIDEO!! I’m starting candle making and was wondering how branding works!!! Thank you this was so helpful!!

  • @sandywright-leonard5238
    @sandywright-leonard5238 2 ปีที่แล้ว

    I’m going to share you video with a FB group I’m in because they don’t believe me when I tell them that companies can trademark and copyright anything. Thanks for sharing your story.

  • @jemharr1951
    @jemharr1951 2 ปีที่แล้ว

    Thank you so much for sharing, I pray that you will come back stronger than ever! No weapon formed against you will prosper, you are a wonderful person, with a great heart. People reap what they sow! again Thanks for sharing this amazing story.

  • @joannetracey5394
    @joannetracey5394 2 ปีที่แล้ว

    I nearly never watched this but it kept coming up in my feed. I have to say you have handled the whole matter with class and dignity, I really hope that I don't buy from them accidentally, I would have happily boycotted, with the way the world has been over the last 2 years people need to really do better. I've joined the channel, I love how you have handled this x

  • @alisonbaker1963
    @alisonbaker1963 2 ปีที่แล้ว

    I am so sorry this happened to you. Some people will resort to anything to make money out of others. Please keep going and most definitely keep shinning x

  • @Mayday9112
    @Mayday9112 2 ปีที่แล้ว

    I’m sorry this happened to you, Mama. You’ve handled this with such grace and strength. As a fellow small business owner it’s scary to think a random letter can come in and flip my world. I’m glad I came across your video, just for the insight and heads up that this is a possibility. The last two years (the pandemic) has really hit small business so hard, so for folks to be able to push through all that and then bam something like this happens is really just unfair. It seems like it’s getting harder and harder to be an entrepreneur and sustain a small business. Prayers for you and your family, may many blessings be return to you. Also, prayers to all small business owners, hang in there. Have to stick together in such peril times.

  • @theglowingbrownie5124
    @theglowingbrownie5124 2 ปีที่แล้ว

    You did excellent with your vlog. I am happy you are over that crap!!

  • @gailfisher4767
    @gailfisher4767 2 ปีที่แล้ว +1

    Thank you for helping educate us. It seems to me the trademark process more expansive than I perceived....I am seeing lots of videos pop up about the use of the phrase bath bomb and cocoa bomb. I also worry about the use of the term “dupe”: when small businesses say they have Lush “dupes”, I fear issues may arise.