7 Replies to “Does Your Etsy Shop Need a Trademark, Patent, or Copyright? by @deborahsweeney”

  1. Nate

    My wife creates her own work and has been selling it on Etsy. Recently she created something and someone stole her idea and then threatened her with his copy of her own idea that she has been making for a long period of time. I’ve seen her create many things that other people will copy, and it doesn’t bother her. But this man took her idea, and now threatening legal action. What steps does she need to take? Thank you for your time and any advice.

  2. Carol

    I think it’s really important to watch out for for fakes of your product online! I saw this post http://blog.redpoints.com/en/how-to-protect-intellectual-property and at the bottom there are some links to guides on how to take down counterfeit versions of your product on sites like Alibaba and Amazon. Amazon and Alibaba have stepped up their efforts but it’s impossible for them to stop them all when there are so many. Most of the fakes come from China or Hong Kong

  3. Denise

    I need help. Please email me. For seven years I have had an Etsy stalker copying a of my listings and now false reporting my items as not being handmade. I’ve reached out to everyone and no one can help me.

  4. Massiel

    hi debora. I am. planning to open an etsy shop but i don’t live in the u.s., how can i trademark my logo and branding? should i do it in my country?

  5. anna

    Hi Deborah!

    You’re article is insightful! Is infringing on a trademark and copyright the same thing? If someone trademarked a word design on a shirt, would we file a trademark claim and say they are infringing on our copyright or trademark???

  6. anna

    Hi Deborah!

    You’re article is insightful! Is infringing on a trademark and copyright the same thing? If someone trademarked a word design on a shirt, would we file a trademark claim and say they are infringing on our copyright or trademark?

    1. Deborah Sweeney

      Hi Anna!

      Thank you, I’m glad you liked it! Copyright and trademark registration protects different types of intellectual property – copyright protection is normally reserved for unique pieces of creative work, in most business’s cases a logo, while a trademark is a symbol or set of words used to denote a brand or company. So the violation depends on the work being copied.

      As for the problem you mentioned, word-based designs are typically associated with trademarks. If you have a right to a mark, someone can’t just take it and slap it on a shirt since that could cause consumer confusion as to who produced the shirt. Looking into a trademark claim, then, seems to be the way to go.

      Disclaimer: No legal advice is intended in this post – its contents are meant to convey general information only, rather than provide legal advice or opinion.

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