We Got A Trademark Infringement Letter-What Next? (My Trademark Infringement Story) 

Hi everyone! I just wanted to say thank you so much for all of your amazing support! I really appreciate all the kind words and empathetic comments and responses to this video! It really feels great to have you all rallied around me! There are a few things I wanted to address real quick about some of the comments. I have been asked several times if the company that holds the trademark is a big company (or there is an implication that the other company is a big company). Also, lots of you would really love to know who they are so you won't accidentally buy products from them. I can assure you, the company that came after my business is not a big company or anyone you have ever heard of. They don't even sell bath and body products, which is one of the reasons I believe my product was not causing ANY consumer confusion. I am confident, you have never, and won't ever buy items from them. I think they do "police" their trademark, and seek damages from other companies, which is within their rights to do so. Also, I have had a few comments now regarding me getting scammed from my own attorney and that my agreement to stop infringing on the mark should have been enough. My response to this is, it is more complicated than that. The other company did not send me a cease and desist letter, they sent me a trademark infringement letter, these are two different things. The implication was that I had already caused damage and tarnished the trademark. When you get a letter like this, they are telling you to cease and desist and also telling you that you may owe them damages. To put it simply, even if you agree to stop using the trademark, they are not necessarily releasing you from liability! This is the part where we felt it best to have representation. My attorney's first move was to let the other attorney know that I was willing to stop using the "two word" phrase. In fact we had several conversations leading up to this and we were both hopeful at that time that they would drop it. The other company's attorney came back with a demand to pay and license the name from them. They were seeking damages. At that point we started negotiations. And when we came to an agreement, I was released of liability. I don't feel I could have handled this without representation and am very grateful for the honest help I received from my attorney. I hope this does not ever happen to any of you and please share this video with other small business owners!

The fact that they wanted you to license means they were really not at all concerned about your product diminishing their trademark or their product. I call BS - they sound like predators. You should reveal their company name so people can boycott them.

It comes off as predatory. If they were confident in their products, why would they need to go after a small business? I'm so sorry you were taken through this hassle.

Sounds like legally sanctioned EXTORTION. Best wishes, and thanks for the warning. I'm a bit dismayed that you could not reveal the company, as I should think there should be consequences for their behaviour, regardless of it being "legal". You're spot on calling the practise out as unethical.

Humans never disappoint. Everyone wants a profit from everyone. I’m glad you came out ok. Smh

This reminds me of these two British guys who trademarked “Yoruba,” as you know “Yoruba” is the name of a cultural group in NIGERIA; thus if that cultural group or Nigerians themselves were to use their name on any products or items, these two British guys could sue individuals or the country of Nigeria for using its name. Of course, The Nigerian Twitter went after the two gentlemen for appropriating their Nigerian name, culture, and tradition, and the two men stated that they wouldn’t “sue” over the use of “Yoruba.” Thank you for sharing. You will be blessed. The company that went after you will - in time - succumb to its own tactics.

OMG. All they wanted was money. Just terrible😩 🙏 for you. Thank You for sharing

I’m so sorry this happened to you, there are so many companies out there like that want to take advantage of small businesses.

There was no trademark infringement. There was no customer confusion. That company was just being a bully, and a greedy one at that. Thanks for sharing your story!

😮 I’m so glad the algorithm suggested this to me. I’m just starting my own business and Trademark infringement isn’t something I’d considered. It reminded me of occasions when American companies have even gone after small businesses here in Australia. I followed the link to the trademark website and now I’m going to completely rename my products. Thank you. You may have saved my embryonic business!

Thank you for sharing. I've only began making and selling handmade items in the past two years and I've been wondering about trademarks and naming products. This story scared the crap out of me. I'm so sorry you had to go through this.

As a trademark attorney I’m glad that you made this video to help other entrepreneurs understand how easily they can face a similar situation. Trademark infringement is not just about selling similar products. But as you mentioned, it’s more about the likelihood of confusion that your product could cause among customers of the company with the trademark. You could be selling a completely different product but if it has the same name as a trademark and you are selling within the same category/industry then it is more likely that there will be a finding of a likelihood of confusion and a resulting trademark infringement. I think it should also be noted that one shouldn’t solely rely on the results of a trademark search on the USPTO website to think they’re in the clear for a trademark. There could be applications for trademarks that have been filed but not yet registered that will not show up on a uspto search. Trademark attorneys do use special programs to help perform a thorough search.

Thank you for sharing your experience and giving us the knowledge on how to avoid the same. I agree. It would have been more ethical for the company to contact you directly and ask you to cease using the name. It's very unfortunate there's people out there seeking to financially gain from such an easy mistake.

Disgusting how businesses seek out to hurt people and not guide them to stopping the infringement. Shows their true colors. HUGS and GOD bless us everyone

I’m sorry this happened to you but I am so thankful that you decided to make a video to help us. Most of us are learning as we go so this video was so helpful.

Bless your heart! The way you presented your situation shows how much integrity you have. Thank you for sharing your story with us.

I'm so sorry that you had to go through this. Thank you for your openess and transparency and helping us to learn from your experience. Through you the phrase "forewarned is forearemed" becomes so true for us who learn from you. I hope that you find peace as you put this unpleasant episode behind you. Looking forward to continued great content from you! Be well.

This makes me grateful for knowing a trademark attorney. I literally stumbled upon this video…as I have products on the market that I’ve created…and this would devastate me. I’m so sorry you had to go thru it. Thank you for sharing this information.

So I looked into trademarking one of my products and I was told by my attorney that it is very tough to get the name of a product trademarked unless it is a very unusual name. They said it could take up to a few years for it to go through, if it even does and most of the time it will not. I am very surprised at that company was able to trademark that small phrase. I truly am sorry this happened to you, especially someone that is so willing to help other people. Thank you for sharing this information with everybody, especially those who are out there trying to sell there products. Take care and thank you again Leanne

Thank you for being so honest and brave to share your experience. You are so kind to offer this information to help others when you are still in the midst of all of this. I have just recently subscribed to you and have learned so many things as I begin my journey. I find you very professional and knowledgeable. Stay strong and know that you are helping so many others! Many Blessings to You!

Thank you for sharing this is the scary part of owing a small business. But I’m definitely about to work on trademark research on my products and trademark my products… so helpful wish all the best moving forward ☺️

THANK YOU for sharing this information! You did a great job with the video! You gave us so much knowledge that I personally would have never known had you not made this video. I don’t sell any product but that’s not to say I never will, so a huge thank you, Cory! I’m happy you were able to resolve this issue and still be here in business dooming your tutorials and sharing your recipes! So thankful for you and ALL the knowledge you share!

I am SO sorry this happened to you! And, it's wonderful that you are giving a piece of simple advice to others!

Thank you for this video. It is important for all of us to stay in the "know" regarding the legal aspects of this business. This was a great wake up call for me to look closely at all my products. You are awesome! I'm so happy it is settled and over with, it must be a relief.

Cory, thank you so much for sharing your experience. I'm so sorry this happened! And I appreciate the info and warnings you gave us.

Wow, I had no idea they could just fine you like that. I thought to cease and desist yes but not ask for a lump sum, thank you so much for sharing your experience with us all. Very informative and helpful. I once got a call from Chanel and they simply asked me to stop using the name, of course, I did stop and nothing else happened and that was how Chanel handled it...

Wow! Thank you so much for posting this! God bless you for going through this and sharing this with us.

I'm sorry this happened to you. Love all your videos, they are relaxing, educational and informative. Thank you for all that you do.

On another note, here's how funny how trademark infringement can get: I got a cease and desist letter from "Chanel" when I listed an item on Etsy. What was it? A $5 vintage sewing pattern for a jacket I called "Chanel style". LOL, Chanel was stooping pretty low to send such a letter for a one-off item.

I'm so sorry you had to go through this. They sound like a really predatory company. I appreciate you sharing this info with us...super helpful. I had no idea you could trademark a phrase!

While clicking around RU-vid, I saw the title of this video, and immediately knew I had to watch it. Years ago, I had a web page specific to long hair care. In my meta tags, I had included a term about taking care of your hair in a manner similar to touching or stroking gently. Similar to your situation, I received a cease and desist letter, and at first, thought it was a joke. A soap company, of all things, was coming after me, a small-town nobody with a simple webpage for hair care. Nothing for sale, no promotions, nothing, just something I came up with out of boredom, and yet I posed a confusion issue with consumers? Wow. "Gee, I thought I was buying soap, but looks like I bought...nothing, from a woman who was selling nothing?" Seriously. A trademark infringement on a verb, or a noun. Baffling.

No, I'm not bored. I'm very happy that you sent out this warning to us that have small businesses. I will keep your advice in mind every time I name a product. It's very timely advice too, as I am working on a website that could draw attention to my product names and bring them in question. I was under the impression that I only had to worry about my company name. Apparently you can use your own name and no one can contest that. Thank you very much! I'm sure you have been very helpful to many small business owners.

You are being so kind about this entire issue. I would be calling them out al over social media (1st amendment right) People like that need to be called out by name so we know who they are and what they are trying to do.They are only looking for money!

That sucks!!! I’m so sorry that happened to you. Thank you for sharing your experience and God will restore you 10 fold. You have many blessings to come. Stay strong

Appreciate you discussing this stressful topic. As a new business owner, this was very helpful information to know. I'm in the process of hiring a lawyer to form my LLC and will discuss my concerns with trademarks, company logos, etc. And I agree with you...a simple cease and desist letter would have been sufficient - they were just after money. It would be interesting to see the data from the other company on how confused consumers actually were and if they actually had any sales for that product in question.

I still get the feeling that they do this more often than you know to get their hands on good products without going through the development process themselves.... Good for you to not just give in!

you did great at explaining and totally not boring! you're great at videos like this just so you know!:) I'm ready to open a small business and the last step I decided to take was to research this topic as much as possible before launching. So thank you this information was super helpful!!!

Thank you so much for sharing this. I’m starting up my business and trademark is super important. I’m so sorry this happened to you. I’ve worked in the skin care biz and they are cutthroat and honestly so go greedy. Keep your head up and please know you have helped me avoid a pitfall. Thank you so much!

Dang, That was a scary situation to go through. So glad you were able to work it out & thank you for educating us on trademark infringement.

Thank you for sharing your story. It is invaluable. I am so sorry you were unnecessarily assaulted. In my fathers business, he manufactured ceramics and he used to get trademarks, but quit do it because all a competitor had to do was change the design a little such as remove the veins in the leaf pattern or lower the pattern some around the bowl.

Really appreciate how gracefully you’ve handled this atrocious situation. I love watching your videos and value your creativity. I had been planning to trademark my business for awhile, but your experience really put it on the forefront of my plans to get it done asap to protect myself from this type of predatory litigation. Best of luck, the small business skincare community supports you!

Thank you so much Cory for sharing your experience. I have been making soap and candles for over twenty years and I am just starting out as a small business owner. It is easy to think that experiences like yours will never happen to me but I know better. Thanks for the reminder to research trademarks just to be safe. God bless you! I have really enjoyed your videos.

So sorry that you had to go through this. Thanks for sharing some really valuable information. Good luck with your business.

I am so sorry this happened to you, sounds horrendous and I’m grateful you shared so we could learn.

You are so kind about the matter. Thank you for the information. You are surely saving someone with your experience.

Thank you for sharing your experience with us. I’m sorry you had to go through such a difficult time. I’m glad you got through it all. 🙏

As a former makeup creator and independent business owner, I'm so sorry that this happened to you. It does sound like the other business is a predator on small businesses. Thank you for sharing your experience. All the best to you! I would like to know who that business is as I would not want to give them any of my money.

My sister shared you video with me Thank! Thank you for sharing this. I'm sorry you had to experience this. I'm Grateful for all the information you shared! Blessings to you and business.

You've taught me a lot to think about. I'm sorry this happened to you. But thank you for sharing! Better days ahead 🌞

Thank you for sharing. It seems as though small businesses should be protected from instances like this. Like a warning the cease and desist should have been a first step.

Thank you for sharing your experience and story. I am sorry this happen to you, but importantly you were able to continue to move forward with your business. This I applaud you. 👏🏼👏🏼 I truly enjoy watching your videos and much success to you and your future endeavors. ✨

I am one of your Patreon subscribers and voted yes to this story. Watching your video and listening, well the anger grew and by the end I was ticked off. You’re so graceful and polite. I guess my 15 years I’ve spent as a police officer have jaded me because there’s no way I could keep my mouth shut about them and exposing their unethical practices. I love you to pieces and love your content. You are my peaceful place and I’ve learned so much from you. I absolutely abhor what has been done to you. Thank you for sharing. You did a great job.

Sounds like trademarks are too wide and vague. You shouldnt be allowed to trade mark just anything. When a party states sorry didnt realize it was trademarked, then stops using it that should be the end of story, especially when the accidental use of it doesnt cause confusion. Unless its a popular one that lots of people know. Curious what company this was because i dont want to give them any support inadvertently.

I'm so sorry you had to experience this. This video is an eye opener for small businesses.

It seems that when dealing with a small business, a "cease and desist" letter could have taken care of the issue without costing excessive monies. I so appreciate you sharing your experience.

Oh my! I am so sorry this happened to you and thank you so much for sharing your story! I think we all will be taking a closer look at our products and how we market them!

WOOOW IM SO SORRY THAT HAPPENED TO YOU, SO NOT FAIR. Small business companies are on the rise, taking over and those big companies feel threatened, like u said they could’ve just ask u not to do it again and change ur naming wooow. That’s why I’m not heavy on the naming I keep it simple & silly I’m soooo mad with you sister, I’ve learned so much from you. Keep ur head up and keep doing wonderful DIY’s 🙏🏾🥰

Things like this should NEVER happen to small businesses! To me, the only time that there should ever be a payment demand is when there is a blatant violation of a trademark that is obvious for products where there has been a substantial investment from the trademark holder. Naming a hamburger chain "Lindy's" and using a drawing of a redhaired girl as the mascot/image and having a similar menu would be a blatant trademark infringement. Not saying it need go to such extent, only that it would obviously indicate intent to capitalize on someone else's name/reputation. A few words in a description of what a product can or cannot do however doesn't seem to rise to such a level. Sad that this happened to you and I think that these kinds of acts hurt not only you as an entrepreneur but also other startup and small businesses.

I’m so sorry you had to go through this. It’s inconceivable to me that they just couldn’t have reached out to you without even involving lawyers. In any case thanks for sharing your story and your video was well done! Thank you for all you do and all you share!>

This is basically extortion and totally disgusting. This is how they run small businesses out of business. It is so sad to see this happening. Thank you for this video!

I am sorry this happened to you. I am in the beginning stages of trying to start a small business, and it is scary trying to be on the look out for what you say and how you phrase and word your products. I am truly grateful for this information that you have shared. Some people would have not shared there experience or the info to prevent this situation. So thank you so……. Very much.

thank you so much for this video. It is a real lesson for everyone. I love the way you handle the situation and admire you for it. thank you again.

Thank you for sharing your story…and thank you for being the “bigger person” in this entire ordeal. God rewards the faithful and I respect your integrity so much!

Thank you so much for sharing this. It helps immensely and so sorry you had to go through it!

THIs video just changed the ENTIRE direction I was going to take on a Business venture. The POSSIBLE reward ($$$) is NOT worth the risk. THANK YOU! I took this as a HUGE sign from the Universe to bring this thing to a SCREECHING HAULT! Glad you came out ok at the end, though!

Straight Greed😡. You are absolutely correct, why couldn’t they reach out to you in a more ethical manner. I am so sorry this happened to you. Minor set back for a greater come back. You are amazing. You gave me strength to start my own business. Thanks for sharing your experience so other entrepreneurs are aware. Be blessed!

Thank you so much and you did a fantastic job explaining your situation. I'm so very sorry that you had to go through this knowing all they wanted was MONEY...

I am so sorry this has happened to you. It is a lesson to all of us that are small business owners to educate ourselves completely before jumping in the business pound. Litigation is not only costly but takes a toll on a person emotionally. Yes the big company could have handled this much differently but why would they when they can benefit financially from litigation. Thank you so much for helping in the education process. We can all learn from each other’s mistakes. Again so sorry you had to get your education this way. My goodness how stressful.

You did the right thing. You paid the least, least stress and now you can use your product changing those words. Well done!

Thank you hun. I watch a couple of you tubers that the same thing happened to. Some one gets paid to sit behind a desk looking for this kind of stuff.

I'm sorry this happened to you. Especially you who helps so many people with your craft an willingness to share your how To's with the world of youtube. It's scary how this can happen

OMG what a nightmare!!!! Thank you so much for sharing your story. I am so sorry that this happened.

Thank you for sharing. This kind of stuff is what makes me apprehensive about starting my business. This is a sue happy country. I’m sorry this happened to you.

Thank you for making this video. I am so so sorry you had to go through this. I completely agree with everything you are saying!

my heart goes out to you what this company has put you through. its sad that there are companies out there that only do for monetary gain when they could have just asked you to rename because they have a trade mark on it , this has made me more aware of my products how i name them now and like you said we are a small business with a passion for what we do and you share such great content helping us all to learn and have fun with it .so thank you for that and take care and every success moving forward 💖 ( Australia )

Hi Cory! I'm sorry that you had to go through this, you're a strong and gracious woman, always keep your head up no matter what dear. I love you 😘

Thank you for being so brave throughout that process and thank you for sharing this info with us! I am so grateful for this information. I know you are helping many people with this information. :)

Extremely helpful! Thank you soo much for this! We all need this kind of information.

Wow wishing you much success with your small business and sending you much love and positive vibes

Thank you very much for bravely sharing what you’ve been through. I too didn’t realize that you could run into trouble with such a small technicality. My husband‘s cousin is a patent attorney and believe me if I create salable products I will certainly run things by him first. I’m sorry that you had to go through this and that you had to lose a lot of money because of it. I appreciate how thorough and how clear you were with the descriptions of what took place and found it very helpful. I pray that your business will flourish for you in the future.

I am sorry this happened to you. Thank you for doing what you always do which is giving away free useful information. For this you will be even more successful and blessed. Take care.

I’m so glad your video popped up when I was browsing. I just placed my first order.

It is so sad you had to go through this. I appreciate your posting this video for others to see how predatory some companies can be just trying to squelch the "little businesses" or force them to get licensed by them. A friend of mine was using an icon of 'Garfield the cat' as her avatar in a forum and they came after her for just using the picture as an icon, she was not making money or anything as it was a discussion forum only. So you really need to be careful of anything being used that predators will come after. Thanks again for posting.

Thank you for sharing what must've been a painful and worrying time for you. Onwards and upwards x

Thank you for this. It's good information for all of us that want to start a small business. I myself make crafts and am going to sell online. So now I know about trademark and hopefully can avoid this. I am sure you've help so many people with this video. Thank you!!!! Wishing you so much success! Hope you make up all you had tp pay those vultures ans so much more.

THANK YOU FOR THIS VIDEO!! I’m starting candle making and was wondering how branding works!!! Thank you this was so helpful!!

Thank you so much for your advice and time on this subject. It was very informative. I wish you all the best! You are so sweet and it’s a shame this had to happen to you. ❤️

I'm so sorry that happened! That is really icky! That makes me so mad! Thank you for sharing !!

Thank you for sharing this. It is so scary to name a product now but I will need to look into it here in Australia. Thanks again

I am so sorry, this happened to you Cory. Keep your head up. I love all of your videos.

Wow, such a shame you had to go through that, thanks for sharing. You did an excellent job on the video.

So sorry you had to go through this, and so unfair for a small business. I am in England and just starting to make products so I will look up the U.K's Trading procedures. Thank you for be so brave and sharing your story.

This is my first visit to your channel and l have subscribed. I am so sorry that you had to go through all that you did. The best of everything moving forward

I really hate that this happened to you. I’m very thankful that you shared your experience because you sharing has been very helpful. Bless you.

Thank you so much for sharing, I pray that you will come back stronger than ever! No weapon formed against you will prosper, you are a wonderful person, with a great heart. People reap what they sow! again Thanks for sharing this amazing story.

Thank you so much for sharing this! I'm just going to be starting out and this is good to know.

They wanted to settle because if it had gone to court, they would have most likely lost unless they could have proved there was indeed "consumer confusion". The process of going through that would have been costly for both sides, but the losing side would have had to cover the Court costs and other sides damages. It was a predatory move, and a cheep shot for the most part. Wow I would love to know the name of that company!!!!!

Thank you for helping educate us. It seems to me the trademark process more expansive than I perceived....I am seeing lots of videos pop up about the use of the phrase bath bomb and cocoa bomb. I also worry about the use of the term “dupe”: when small businesses say they have Lush “dupes”, I fear issues may arise.

Thank you for sharing your experiences with these "dishonest & predatory SHYSTER's" so that others may learn from it. Many Blessings to you & wishing you all the success with your company. Define Shyster-(An unethical, unscrupulous practitioner, especially of law. One who does business trickily: a person without professional honor: A trickish knave: one who carries on any business, especially legal business, in a mean & dishonest way.)

I am SO sorry this happened. It all sounds so ridiculous and terrible. Of course they should have just come to you first! Thanks for sharing this with all of us!