I received an email from CP on Friday (or Saturday)saying I was infringing on the term RACEGIRL. All products were removed.

Then today I receive the following email:

To whom it may concern,
smphotography,


I am contacting you as the representative of the RACEGIRL brand, and
therefore the trademark owned as "RACEGIRL" Registration number(s),
3351313,2585810;2721684;2988926.Including but not limited to Classes IC
016,018, 021 025. We have been alerted to multiple items on your website
that infringes on our registered trademark(s), including but not limited to
the following:

[LINK REMOVED}


We request that you remove all items and association of the RACEGIRL brand
name immediately, and ask the poster to refrain from shipping any items
purchased on this webpage. We also request that you give us contact
information for the company / person who posted the items.

This content has certainly NOT been authorized by anyone affiliated with the
RACEGIRL brand.

Thank you,


I had NO idea this was trademarked. We are a racing family and this is something us girls have always said to eachother.
Now I know better! I sent them an email begging for them to accept my apologies!

Now my question is this-
Since it has been removed from my shop will that also remove it from my Squidoo lenses and blogs that had links going to it? I am going to manually check the places I can remember putting it but just incase I overlook one- will it also disappear since it's been deleted from my shop and image basket and there's no longer a link going to it?

Geeez, what a way to start a week! Now I am nervous and scared
________________________________________________

EDIT to remove personal contact info.

This message has been edited. Last edited by: Brenda R,

First, relax. You'll do better if you relax.

Was this letter meant for public posting - including the person's name and phone? I might suggest considering it's not intended to be.

quote:

Originally posted by Blipfish:
First, relax. You'll do better if you relax.

Was this letter meant for public posting - including the person's name and phone? I might suggest considering it's not intended to be.

I never thought about it. Geeezz, like I need more trouble...lol
I removed all personal info. The rest of the letter should be ok to post, right? I just know there's a lot of racing themed shops here and just wanting to get the word out.

Ya know it's one thing to receive an email from CP about infringement but from the actual person........

Well, in having read the letter in full, I'd say the impression I got was that they were telling you to stop - and instructing you to work hard to ensure that you got others, who rely on you as the source, to stop as well - affiliates.

So, since you wish to comply I'd say yes, you're doing the right things - you're removing the products from your store and shortly that'll pull them out of the lineup for affiliates unless someone was directly linking. If that's the case it'll end up being a dead-end anyway so no worry.

It's not about an expression you've used for years - it's whether somebody out there got a trademark. So, as you've discovered, it won't keep them off you just because you've spoken the words before. Since you sound like you don't want to go to court to find out otherwise then it's best to do a USPTO TESS search before you put up any design featuring words. It's not a guarantee but yah, those TM registration numbers pop up early in the results on the word - so you'd have probably discovered it.

If you're concerned about backing off in a manner that provides you some safety then an attorney would be the way to go but I know that has an expense to it.

My unprofessional opinion is that if you do as instructed and document steps along the way to demonstrate you're working hard to remove everything, including advertising and marketing (not just the product and designs) then you'll have done all they wanted and hopefully your final contact with them will be they agree the matter is settled.

quote:

It's not about an expression you've used for years - it's whether somebody out there got a trademark.

Oh I completely understand that! I am by NO means complaining about it at all. I was pretty much just thinking how easy "words" that are used everyday can be trademarked. And I sure am not wanting to fight this. I even removed all products that had other sayings that included those words.
When I emailed them I, on my own doing, explained that I had other products that had sayings that included the words "race girl" and asked if those were also infringing. I received a 2nd email and it was a nice one but did say those other products should be removed. I removed them and sent back an email saying so.

quote:

My unprofessional opinion is that if you do as instructed and document steps along the way to demonstrate you're working hard to remove everything, including advertising and marketing (not just the product and designs) then you'll have done all they wanted and hopefully your final contact with them will be they agree the matter is settled.

I spent about an hour looking for all my products that had those words and removed everything I could find- Squidoo lenses, blogs, Facebook,etc.

Hopefully everything is satisfactory.

Well, it sounds like they're being agreeable and working with you to get back to square one... not infringing.

So, yes, I hope it works satisfactorily too.

In your next communication, I would include that you have removed all instances that you are aware of, and that if they should come across any others to please let you know so that you can remove them. Just to keep with the positive direction of the conversations you've had.

I once got a very scary, very official "cease and desist" order from Major League Baseball. So I know how you feel!!!

quote:

Originally posted by Teesed:
In your next communication, I would include that you have removed all instances that you are aware of, and that if they should come across any others to please let you know so that you can remove them. Just to keep with the positive direction of the conversations you've had.

Yes, I did mention that to them in my last email.

This goes to the idea that the government is allowing way too many common words to be Trademarked. Just look at what they are doing with Patents ... and several years ago 90% of the words in the English dictionary were already used in domain names. Just means you have to be more and more creative. There has been a push now for several years to make some dramatic changes in these things, but who knows when they will get around to actually doing something (currently patents are getting LOTS of attention). Domains have deteriorated into layers of stupidity and gone completely off-track (at least the courts had a couple cases very early on for some reference in domain names).