Well, it seems ‘Fairy Dust’ has now been trademarked which means my little glass bottles containing magical glitter will now be known as ‘dust of the fairy’ or something to that effect. Any suggestions?
Like hundreds of other Etsyians I received a message saying this:
”I am a Trademark Infringement Investigator for Brookelynne Designs, reviewing Etsy listings for infringement of their various trademark protections for the use of the words “fairy dust.” You have infringing items in your store. Prior to filing a formal report, we have chosen to provide you with the opportunity to cure the infringement voluntarily. Hundreds of these emails are being sent, so it is not possible to respond to everyone’s individual questions. If you choose not to voluntarily comply, any infringing listings will be formally reported.
Compliance means removal of the words “fairy dust” or like sounding words such as “fairie dust,” from tags, titles, labels, links, meta tags, names and any advertising for your items. Specifically, jewellery, pendants or pouches containing glitter and decorative glitter, items specifically listed below as protected.
If you wish to verify our trademark protections for use of “fairy dust,” or like sounding words, in any fashion by you for the following items, you may do so at the USPTO site for these registration numbers:
Reg. No. 3168645: Bracelets, charms, clocks, jewellery, jewellery watches, watches, wrist watches
Reg. No. 3168649: Decorative glitter
Reg No. 3574068: Toys, novelty snow globes, plastic toy figurines, plush toys
Reg. No. 1706812: Novelty pouch and/or pendant containing glitter
Because we do not believe your infringement has been intentional, we are hopeful that you will voluntarily remove the infringing words. Basically, if you search your own listing for these words, there should be zero results.
If you would be kind enough to advise that you have done this to end the infringement, and I can verify this in your store, no formal infringement report will be made. Should you not contact me within the next two days to advise that you have cured the infringement (which I will verify), I will have to file a formal report. Etsy then simply shuts down your listings.
Our goal is not to hurt your business by shutting down listings, but to protect our trademarks from further infringement. Your cooperation would certainly be appreciated. I cannot tell you what phrases you may use to evade the trademark infringement, or whether your new choice of words infringes someone else’s IP rights.
We will be regularly checking this in the future. If someone restores infringing language at a later date, this courtesy will not be extended again. You will simply be reported.
If you sell on Ebay as well, please correct those listings to avoid formal report there. If you receive a notice here, you will not receive one there for voluntary correction.
I thank you in advance for your cooperation, remaining hopeful that this can all happen uneventfully.”
Oh, dear Hans Christian Anderson would not approve of this at all I reckon. Come to think of it I doubt the fairies would either!