Q: Can Cosmetic Warriors remove my listing for saying Lush? Their trademark is LUSH not Lush.
Cosmetic Warriors keeps flagging all of my listings even though the title and description of my listings on Ebay specifically say my brand name, not theirs. They are complaining for using terms such as "(my company name) bath fizzies lush roses" saying it is copyright infringement. According to this, they have the rights to LUSH, not Lush, there is a difference and the word Lush itself is a common word under the English dictionary. Can they legally keep flagging my listings?
A: This use of the word may fall under Descriptive Fair Use of a trademark when a word is used in a descriptive manner and not as a trademark, and there is no association implied with the trademark owner.
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A: For purposes of a registered Trademare, there is no difference whatsoever between a capitalized LUSH and lower case Lush. So you could be deemed to be infringing on their trademark if you are using the word in connection with your brand as a trademark. However, the word "lush" is descriptive and you are permitted to use it as an adjective in the description of your products (i.e. this product gives you lush eyelashes).
1 user found this answer helpful
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