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WWYD -- trademark/copyright edition. Ugh.


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I am in the process of starting my own business. I'll be selling handmade children's clothing. I'm starting on Etsy but will likely also do local craft fairs, post my business card around town, etc.

 

I chose the name Oliver & Mae for my Etsy shop -- except that instead of writing it that way it looks like this:

 

oliver + mae

 

I invested in graphic design for my shop & print materials. I ordered business cards and custom tags to sew into my clothing. Those things cost me $200.

 

Then this morning I see this site linked on Pinterest:

 

oliver + s

 

I didn't copy their name or logo, but there it is. They are very, very similar. Crazy similar. I see that.

 

WWYD? Do you think I'm treading dangerously close or outright violating some sort of copyright if I use the name and logo I had planned? I don't have the money to rework everything at this point. I either use what I've paid for or I go without or print my own. It won't be nearly as nice as what I've already bought. :sad:

 

I thought about using the print materials I have until they run out and then having everything reworked with an ampersand instead of the + ... what do you think about that? It could be several months or more. I ordered 100 of everything.

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I'm just a cake artist but I have to deal with copyright issues all the time.

I think you're fine for two reasons: the other person likely didn't register her name or logo Just doing business doesn't protect your name or logo- you have to register it. And secondly, you're not copying her. You didn't go out and search for logos or names and decide to copy it.

 

Someone who buys from her or you and then forgets the name might do a search and then go to the wrong store when they want to buy again, but unless you sell the same things, it's not going to be an issue.

 

 

I think you're fine.

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They sell patterns and you sell clothes...it's not a problem. But I'm sure it still bugs you. You didn't copy and you don't want anyone to think you did.

 

Link to your etsy shop? I get so overwhelmed when I browse on etsy- I'd love to look/buy some things fellow homeschoolers make!

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I think you're fine for two reasons: the other person likely didn't register her name or logo Just doing business doesn't protect your name or logo- you have to register it. And secondly, you're not copying her. You didn't go out and search for logos or names and decide to copy it.

 

It doesn't matter whether you intended to copy it or not. A local restaurant had to change their name after several years because it had the same name as a restaurant chain in the midwest. The local restaurant had even registered the name with the state, but apparently there is some way registering it nationally that trumps the state registration?

 

However, they had exactly the same name - not just a similar format.

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I think you're fine for two reasons: the other person likely didn't register her name or logo Just doing business doesn't protect your name or logo- you have to register it. And secondly, you're not copying her. You didn't go out and search for logos or names and decide to copy it.

 

I disagree. If I saw oliver + I'd assume a relationship between the businesses. Oliver + s is very well-known in the sewing world, and they do children's clothes.

 

They sell patterns and you sell clothes...it's not a problem.

 

I think it might be, because the patterns are *for* clothes.

 

Without knowing your logo, I would immediately think Oliver + s when I saw it because it is a big pattern name for kids clothes in my world.

 

I agree.

 

Can you use what you have until it runs out? Can you ask Oliver + S for special permission to use it until it runs out? Can you cut off the "Oliver" and just use the "Mae" or "+ Mae" on tags and such? If you're just doing a very local, very small business you'd probably be OK for a while, but then you'd have to start over with name recognition once your supplies ran out, so it may not be worth it...

 

I think I'd make the tags work and get new business cards. Of course, then you have to think of a name all over again...

 

I'm so sorry you find yourself in this pickle...

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I would probably redo the logo with the ampersand and then write off the current expenses. Won't do you any good now though.

 

My other concern is if Oliver & Mae would still be confusing because you're in a similar business. I would probably change the Oliver, but that's just me.

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My other concern is if Oliver & Mae would still be confusing because you're in a similar business. I would probably change the Oliver, but that's just me.

 

Yes, under the circumstances I wouldn't risk it. Why set yourself up for confusion and possible trouble. I would change it entirely, either up-front or as a transition thing.

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My shop isn't open yet but I'll link it when I get it up and running.

 

I wound up just emailing oliver + s and telling them/her/whatever the situation. I asked if their logo is trademarked and, if so, how they feel about my logo being so similar. I attached a copy of my business card so that whomever could see what it looks like.

 

Now I'll just wait for a response.

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