First of all, such is our legal system (in the US), that it often costs more to defend yourself than it is to just settle. So never assume that just because someone "settles", it means that they are guilty of something.I'm subscribed to Sunshine Soap and Candle Company on Youtube and this video scared the crap out of me personally. We have to be careful as business owners.
Yeah, I think it’s very likely she was told not to mention the company’s name. Her whole video was very carefully and methodically done. And I didn’t get the sense at all that her concern was about giving the company free “advertising“. Besides, no one watching her video was going to root for the big bad company over the small business person who used her knowledge to teach others!First of all, such is our legal system (in the US), that it often costs more to defend yourself than it is to just settle. So never assume that just because someone "settles", it means that they are guilty of something.
Second, why make a video about the issue and then not name the company or at least the phrase. I know what she said about 'bolstering' the other company, but I think the truth is that she was worried that she would get sued; which takes us back to the cost of defending oneself.
Trademarking is not a cheap process so I can understand why folks would be very protective of it.
Thanks for posting this.I got the impression this was a major company going after her although I don't really
That is interesting about Brad Pitt, I got in a similar rabbit hole with Frida Kahlo. In Mexico her work is now in the public domain, so her family trademarked her name instead. Have a good trip!This post got me spending hours looking at Trademarks that seem pertinent to me and my family. And some on soaping words in general. Even HSCG's trademarks just because they came up on the search. HOURS of reading.
Another thing I found quite accidentally, but was extremely interesting because I have always adored the actor, is that Brad Pitt has a TM on his stage name, although not his birth name. Strangely that lead me to looking at how common it is for an actor or actress to file for a Trademark on their stage name, and that was at least another couple or more hours at least.
Some of the funny ones were things like people who tried to Trademark 'Soap Loaf' (at least 2 different people or 3, I forget now) and also 'A Loaf of Soap' (can you believe it?) A celebrity who will remain nameless who went nuts with (many) numerous filings to TM name & iterations thereof, many of which are still active & owned by 'Trustees' of said Celebrity's Living Trust, whom is none other than unnamed celebrity (solely).
HOURS and when I woke up this morning, I started up again. THIS MUST STOP! I have packing to do. I'm leaving for Texas tomorrow morning.
Yes and no. The problem is simple...too many videos, not enough people. Easier to err on the side of caution than to face a potential lawsuit because even if you win, you still lose.Not to make it worse for all of you Alice inclined people, but look at the rules around copyright claims on YouTube. It is weighted so much in the direction of the person making the claim to the point that they basically require no proof at any stage! Utter madness