Saint Johns, FL asked in Copyright and Intellectual Property for Florida

Q: Can I counter an intellectual property infringement notice from Etsy shop for using "But did you dye?" on my design?

I received an email from Etsy that another shop owner accused me of intellectual property infringement. The products were both shirts that have the phrase "but did you dye?" on them (different designs). Her shirt does have "TM" after the name in the product title, but I looked it up in TESS and couldn't find that it was copyrighted. I want to counter but not sure if I should? I have never seen her stuff before and feel like it is a common phrase/saying... please advise! According to the notice, if I counter then it is up to her to take me to court, which I assume she will do if she actually owns it as intellectual property but I'm not sure how to find that out. Thanks.

1 Lawyer Answer
Marcos Garciaacosta
Marcos Garciaacosta
  • Intellectual Property Lawyer
  • Mesa, AZ

A: You should definitely consult with an attorney.

She may have rights to a brand even if it is not registered.

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