Castle Rock, CO asked in Trademark for Colorado

Q: I sell items on Etsy. One of my listings was recently deactivated for using the phrase 'Man Cub' but my 'A' was a 'tent'

Is this still infringement? This is such a common phrase, and my phrase was not spelt as Man Cub since I replaced the A with a 'tent'. It would be helpful to know the policy.

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: You will need to contact a trademark lawyer directly for specific advice.

For trademarks the issue is brand confusion. A registered mark can apply to a commonly used phase, but the level of protection is comparatively low. There are also issues related to what the mark applies to. That is, the registration only applies to certain goods or services. There are also numerous exceptions--like fair use.

A lawyer will need to review your use and review the alleged abuse to make a full assessment. This type of review is beyond the scope of Justia's Q&A.

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