Cumming, GA asked in Trademark and Intellectual Property for Georgia

Q: help

We became unemployed during this pandemic with my mother and started selling t-shirts over etsy.

We buy all svg and designs from digital svg sellers. Unfortunately we have received a nonsense trademark warning 3 times in the last 3 months.

Finally, a design of our "boy mom and heart" today was complained by BOYMOM LLC as a trademark and removed.

Although the expression BOYMOM is definitely not the same as our design, it was accepted as a design trademark with these two words, even though we used one heart in it.

We are now very worried because we have been made unworkable by putting limits on words.

Could you please tell me if you can do any real help in this matter

1 Lawyer Answer
Joshua Adam Davis
Joshua Adam Davis
  • Trademarks Lawyer
  • Brooklyn, NY
  • Licensed in Georgia

A: You should certainly contact an experienced intellectual property attorney for a confidential discussion. There are many facts that affect the analysis, and an experienced attorney will be able to explore all relevant facts before advising you. Such an attorney will want to review the complaining party's trademark rights, their validity and scope, and, of course, your complained-of t-shirt design(s) and the licenses/rights obtained in the purchase of the digital graphics. Many attorneys offer free consultations and can point you in the right direction.

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