Showing posts with label common terms. Show all posts
Showing posts with label common terms. Show all posts

Sunday, October 16, 2011

What's in a name?

          We began offering crocheted, miniature, fully-jointed animals to collectors over two decades ago.  We decided that Thread Bears® was a name that suited our business.  It was not a term that any artist used at that time to primarily refer to the products that they made.  The common terms bear and doll artists used to describe their products are: crocheted, miniature, bear, animal, doll, made of thread, made of yarn, etc.
          Our federally owned trademark, Thread Bears® (Reg. No. 2146208) has been the subject of many discussions through the years. We acquired the much-earned trademark after a long trial process and attempts of trademark cancellation by competitors.  Artists began using Thread Bears® to describe their products, even if the product they made wasn't a bear!  What they didn't realize is that in doing this, they ultimately hurt the chances of some prospects finding their product.  If the artist had titled the item as a "bear", and the possible customer was searching for "dolls," they would have never seen the item.
          The primary goal for the trademark abusers was to ultimately have our trademark deemed as a generic term.  However, since it was not a term that was primarily used to describe these products, it was decided by the Trademark Trial and Appeal Board that our federally registered trademark was NOT generic, and that any person (who made items similar to ours) was in violation of Trademark Law.  The decision of the Board can be found here:
http://ttabvue.uspto.gov/ttabvue/v?pno=92046025&pty=CAN&eno=25
          The only people/businesses who can use the term Thread Bears, other than us, is persons who DO NOT make soft sculpted, jointed, crocheted, knitted, felted, sewn bears, dolls, or animals of textiles--such as yarn, thread, fabric, etc.  
          Any person using our trademark to describe their items similar to ours will be held accountable, since that would be considered as offering counterfeit items--if it is not a Thread Bear®, do not call it one.  Any website featuring our trademark in connection to an item that was not made by us will be removed.  If the person in violation does not make the necessary adjustments, further action will be taken.  This further action could also consist of a financial obligation on part of the violator.
          We do not take these measures to hinder any of our competitors.  We do this to protect what we earned--what we have created and fought to keep.