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Friday, August 6, 2010

Cloth diaper "fraud." WHAT?!?!?

I recently decided to call my diapers "Bunny Tails." I did so because it was original and no one else seemed to have the name. Also, because we call my daughter "bunny" It made sense. Well, apparently someone on Etsy already had that name. IT's not my username (I'm currently Clothdiapermommy) so it's not in my etsy shop's addressL. I just changed the shop name and added it to the titles of my diapers a couple weeks back. 

Last night, this lady then contacted me and accused me of taking her name which she claims is a registered business  but I don't think she's trademarked. Since I didn't do it on purpose I told her that I was not aware she existed and I would change it. As it was late at night, I changed the title of my Etsy hoping to keep things peaceable and then went to bed, planning on changing everything else in the morning. By the time I woke up this morning she'd created a thread on Etsy mentioning my etsy as "Seller Fraudulently Representing their Products as Mine" (You can read it at this URL if you are so inclined: http://www.etsy.com/forums_thread.php?thread_id=6593901&page=1)

Anyway, I wrote back to her basically saying that I decided to go to bed and get my sleep rather than obsess about the drama she created for me and that I was fully planning on changing things elsewhere.

And I did. I'm now "A Bunny Tale" rather than "Bunny Tails" and I even started a new etsy account with that as my name so that I'll know that no one else has the name on etsy.  I guess since I'm still a relatively new seller, I'll just start transferring my items over there.  I'm easy going. I don't like drama and I'm not going to put up a fight with this woman.

But my question is this. What's protecting me from this happening in the future? Who's to say that someone won't come along and say that my new title is "theirs" and I'll have to keep changing it for as long as I'm selling my wares? I don't have money for a lawyer as evidenced by the fact that I started an Etsy in the first place.  I just want to be left alone so I can do my best to work from home when I can.

I just want to sell my diapers and I want people to leave me alone. Any advice? I feel like a total idiot here after she slandered my good name...



9 comments:

Maria said...

My feeling would be to google your fingers raw, LOL. Check the URLs associated with your chosen name as well. I did this when choosing my blog name and URL. Good luck!! People can be so mean, I don't know why that was necessary. WHy wouldn't she have just sent you a friendly message telling you that the name was taken in case you weren't aware. Then gauge your reaction and go from there!

Amy Walker said...

Wow! She could have just nicely emailed you! You're right, who's to know if something like that is legit!!

saskia said...

wow, she's not very nice- I tried to respond but the thread was closed, that was totally inapropriate of her to post a thread about it! Just pray that it all works out, it will :)

simplymerry said...

Don't worry about it. She's just throwing a baby fit. You made a mistake in ignorance and fixed it as soon as it was brought to your attention. No one can ask for more, and nothing more you need to do. :)

kemclaughlin said...

I think at legalzoom.com you can probably get help registering a trademark for not very much money. Good Luck!!

Melissa said...

I'm so sorry that happened to you. Some people just like to make drama. I wish I had an answer for how to protect your name.

Weezer said...

Ewww. I've often wondered about this kind of thing myself with all the things I've seen being offered. That can get kind of sticky. I wish I knew someone with some law experience. There should be somewhere you could check that kind of name/title/enfringement but......I just don't know. I'm sorry you've got this going on.
Ask Jessica. She's pretty smart.

whocg23 said...

Hey, you didn't know. Now that you do, you have gone to change it. If you ever really wanted to, you could go a route of trying to trademark the name. I think she just wants to make trouble. I am glad that others in the forum called her on her calling out. that is rude and usually not allowed. I am glad they closed things. I would not fret too much about it. I am like you, I hate the drama. And if you really like the "Bunny Tales" just use that spelling and she can't say anything about it as it is spelled differently. :)

alinatmom said...

Thats just terrible. Some people are just plan ignorant. I even googled the bunny tails quickly and didn't find her store at all (other than her esty shop w/o any diapers listed). You did all you could to treat her with love. respect which is very admirable in this circumstance.