Storque articles by SarahSays

Clarifications and Changes: Updates to Etsy's Site Policies

2009-10-27T18:45:00-05:00

Last week we let the Etsy community in on a "sneak peek" preview of the proposed updates to our site policies in the DOs & DON'Ts of Etsy. During this preview week, we received lots of feedback and discussed the policies in the Forums, by Conversations and email with members of the Etsy community. After a rather positive reception and a few tweaks, we're ready to put the updated DOs & DONTs into effect today. In addition, we have updated the Terms of Use, Privacy Policy, Copyright and Intellectual Property Policy to complement the revised DOs & DON'Ts. These are important changes that every Etsy member should review, so we're sending out an email notification to all members (with millions of members in our community, it may take a few weeks for the emails to reach everyone).

For the most part, the core of the policies are still the same. Our aim was to address concerns expressed by members over the past year, and we made several clarifications and a few additions to the policies. For your convenience, we've summarized the highlights below, but we expect every member to read through the updated DOs & DON'Ts and Terms of Use in their entirety.   The updates below will look familiar to those who participated in the preview last week. Please follow the links to see the specific sections where these policies are defined.

Membership: A few notable policies that apply to all members have been moved up to the Membership section, like our policy for linking from a shop or profile to another selling venue. Collectives (seller accounts involving multiple people) have been further defined with the categories of Collaboration, Sharing a Shop and Shop Management Help. We clarified our rules for younger Etsians; collectives that include minors under the age of 18 may not utilize community features unless otherwise stated by Etsy.

Conversations: You may not use Conversations to interfere with a transaction (with details on this in the Transactions section, too). We've also elaborated on the definition of "spam" as it relates to Etsy Convos.

Transactions: We’ve added information to the Transactions section, describing the roles of the seller, the buyer and Etsy in a transaction. Keep in mind that in addition to these basic expectations for a transaction, each seller has their own Shop Policies and the policies of third-party services (for example: PayPal, shipping services) may be a factor. Additionally, we’ve outlined in detail various concerns or scenarios in which a transaction may be disputed, including: non-payment, non-delivery, refusal of service, dissatisfaction and interference. We’ve clarified the circumstances in which a transaction may be canceled. In general, the additions to this section outline in greater detail the processes and policies already in place for transactions.

Feedback: To better accommodate custom orders and international transactions, we will be increasing the time frame for submitting feedback from 90 days to 120 days. Additionally, we’ve clarified the circumstances in which Etsy will review feedback for removal, and we've lifted the 30-day limitation to requesting review of feedback for a policy violation.

Shops and listings: Formerly called “Selling,” this section has been expanded to include detailed policies about shop set-up, listing items, tagging and specific rules for handmade items, vintage goods and supplies. The section on Tagging is entirely new to the DOs & DON’Ts, but most of this information was available on Etsy’s Help site or through guides posted on Etsy’s blog, The Storque. Expanded sections of rules for handmade, vintage and supplies items should help sellers understand what can be sold on Etsy and how to list items for sale.

Charitable shops and listings: Etsy appreciates the spirit of giving back. Due to some laws and the existence of unsavory individuals who may try to take advantage of this spirit, we have added some policies for shops and listings that use charitable fundraising as a promotional tool. Etsy does not intend to limit your ability to donate to the charity of your choice; these rules merely apply to members who wish to promote or advertise charitable giving as a reason to purchase from their Etsy shops.

Prohibited Items: In response to a variety of community concerns, we have clarified our prohibited items list. These items — though they may be handmade, vintage or a crafting supply — are not allowed to be listed for sale on Etsy.

Showcase and Treasury: Making a first time appearance in the DOs & DON'Ts are specific sections for participation in the Showcase and the Treasury. We have gathered information from other areas of the site about these interactive features to formalize as policies in the DOs & DON'Ts.

Terms of Use: In general, the Terms of Use and DOs & DON'Ts complement one another. Notably, we added an arbitration clause and an idea submission clause. To explain the idea submission clause in plain language: if you submit an idea to improve Etsy, Etsy may use the suggestion to better the site. If you have a secret idea to improve Etsy, simply do not share it with Etsy, on the community spaces or via email. We truly appreciate all members and your feedback to improve the site. Both Etsy and the community benefit from these ideas.

The policies are live and in effect as of today, October 27, 2009; therefore, all your activities or content on Etsy from today forward must be in line with these new policies. As we mentioned in the post about the sneak peek, we are allowing all members a grace period to bring their existing content (for example: account information, shops, listings) up to speed with any changes in the policies. We also wanted to take into account the timing with the busy holiday season. All members have until the end of the day on December 31, 2009 to edit their content created prior to today's date (October 27, 2009).

Thank you for your input over the past year and during the policy preview week. By keeping our policies clear and up-to-date, we help preserve the integrity of Etsy.

If you have questions or comments about Etsy's updated policies, please join the discussion in this Forum thread or email support@etsy.com.

Handmade Weddings: The Clueless Bride

2009-08-20T10:47:00-05:00

Etsy's very own lawyer, SarahSays, is the biggest anti-bride I've ever met. She resisted getting swept up in the whole wedding hullabulloo. Arjay, her husband, took over most of the planning, while Sarah calmly shrugged and told us she just wasn't that into it. On the other hand, I know she loves Etsy, so I was very intrigued to see how handmade and custom items fit into her unplanned wedding planning.

I was never the girl with the vision of her wedding, so when we got engaged, I was overwhelmed and had no idea where to start. So many choices! Thank goodness for Etsy. Etsy makes it easy for even a clueless bride to find unique handmade touches that reflect the couple. In the end, everything came together and our Rochester, New York wedding was fantastic.

Our ceremony was held in a planetarium followed by cocktail hour in the Science Center’s dinosaur exhibit and then the reception took place in a beautiful event room.

We set the scene early: this was not going to be a cookie cutter wedding.

Our poster invitations (which arrived in tubes!) were custom made by unlesssomeonelikeyou. invitedink makes these beautiful letterpress invitations that we also had our eye on.

Wedding Invitation/Reception Poster

By unlesssomeonelikeyou, $75.

View Item | View Shop

Wedding Invitations Scroll of Love - 100 sets

By invitedink, $695.

View Item | View Shop

We all know a bride needs a dress. The lovely Yvonne of Kimera Design in Brooklyn made me a gorgeous raw silk gown customized with pockets. Yes, pockets!

I also love this one by lizarietz and this one by CustomBridal.

Asymmetrical Tiered Dress

By lizarietz, $315.

View Item | View Shop

THE SHALE WEDDING DRESS

By CustomBridal, $1800.

View Item | View Shop

My striking veil is from veiledbeauty. I love the vintage feel. I also adore YJdesign’s wedding fascinators, like this one.

30 Inch Chrysanthemum

By veiledbeauty, $85.

View Item | View Shop

CUSTOM - Fascinating LYNNA VERA

By YJdesign, $67.50.

View Item | View Shop

Patrick Irla’s hydrangea designs caught my eye, and I asked him to make me beautiful earrings for our wedding as well as earrings for my mother and my mother-in-law.

Hydrangea Dangle Earrings

By PatrickIrlaJewelry, $215.

View Item | View Shop

Hydrangea Blossom Cluster Earrings

By PatrickIrlaJewelry, $145.

View Item | View Shop

As you may recall from this video, Al from beyondtherockz reset my diamond into an elegant engagement ring, which was inspired by Al’s “Cherish” ring. My simple white gold wedding band was also made by beyondtherockz. However, those in attendance never got to see the ring, as at the ceremony my new husband placed a cherry ring-pop on my finger. [Editor's note: Sarah is obsessed with candy.]

Cherish -precious topaz

By beyondtherockz, $1495.

View Item | View Shop

Cherry Ring Pop Ring

By elishacopeland, $8.50.

View Item | View Shop

My handsome husband Arjay also wore handmade at our wedding. His toybreaker tie was quite a hit. We are also drawn to the damask print tie by RokGear.

Wind Turbine, windmill screenprinted necktie

By toybreaker, $40.

View Item | View Shop

groomsmen necktie set damask print

By RokGear, $115.

View Item | View Shop

The talent on Etsy is so inspiring. After watching sunnyrising’s Handmade Portrait video, which features Allison Settinger’s art and music, I purchased her CD Hold Steady. Our first dance was to “Love of Your Life.”

STEADY HEART CD

By sunnyrising, $15.

View Item | View Shop

I love the Jewish tradition of breaking a glass at the end of a wedding ceremony. I’m always a proponent for equality and so I wanted us both to do the stomping. I convoed infiniteglassworks about my vision and she made us two breakable glasses. However, her art was too beautiful to destroy, so we broke some old burned out light bulbs instead. Although we didn’t have a wedding cake, we placed our bunnywithatoolbelt cake toppers on some apple pie.

Wisp Vase - Purple

By infiniteglassworks, $75.

View Item | View Shop

Penguin Bride and Groom Wedding Cake Toppers

By bunnywithatoolbelt, $50.

View Item | View Shop

Even some guests joined in on the Etsy wedding fun. For example,
our friend Caroline danced the night away in her dress by ouma.

Our guest book by UberArt is now filled to the brim with memories.

Classic Babydoll

By ouma, $168.

View Item | View Shop

Misty Violet Guest Book

By UberArt, $25.

View Item | View Shop

You may be wondering, “Sarah, was there anything you insisted upon having at your wedding?” As a matter of fact, I insisted on cotton candy.

Looking for more wedding ideas? Try these links:

Curated Wedding Guides | Handmade Weddings Series | Weddings Category

You be the Judge: Chocolate Kisses

2009-06-12T10:49:00-05:00

I'm sitting in my Etsyified office on a beautiful spring afternoon eating some delicious Hershey's Kisses and researching a newsworthy and entertaining pending issue for the Etsy community to judge. I'm in heaven!

I unwrap the silver foil from the bite-sized tear-drop chocolate morsel and pop it into my mouth. Although this treat is delicious, I do sometimes prefer the more expensive Jacque Torres chocolates made just a few blocks away in Brooklyn.

Hershey’s is one of the largest chocolate manufacturers in North America. In 1907, Hershey's introduced its small flat-bottomed conical-shaped pieces of chocolate named “Hershey’s Kisses.” Hershey Chocolate & Confectionary Corporation, a subsidiary of The Hershey Company, owns the U.S. federal trademark registration for the mark “Kisses.”

Brooklyn-based Jacques Torres Chocolate specializes in fresh, hand-crafted chocolates. Jacques Torres sells “Champagne Kiss” truffles, which contain Taittinger Rose Champagne, and cost around $1.50 each.

Recently, Hershey’s attorneys sent Mr. Torres a letter stating “Hershey is concerned that Jacques Torres Chocolate’s use of the mark KISS or KISSES may cause consumer confusion with Hershey as to the source, sponsorship, or affiliate of Jacque Torres Chocolate’s product.” The letter went on to demand that Mr. Torres immediately discontinue the use of the mark KISS or KISSES in connection with its chocolate candies.

A lawyer for Torres replied and offered a number of examples to substantiate their claim that any concern of “consumer confusion” is without merit. According to Torres’s lawyer, Jacque Torres chocolates are “high end” and are not marketed like Hershey’s products as the first ingredient in Torres’ Kisses is champagne. Also the shape of the chocolates is flat and unlike a Hershey’s Kiss.

According to the United States Patent and Trademark Office, a trademark protects "words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods." To find a likelihood of confusion, the parties will examine 1) the similarity of the marks; and 2) the commercial relationship between the goods and/or services listed in the application.

This potential lawsuit is very near and dear to my heart because I am a fan of both types of chocolate. Do you think that Hershey’s has a point? Is there a likelihood of confusion? In the case of the Kisses, You Be the Judge and post in the comments below!

A Handmade Moment

2009-06-01T15:50:00-05:00

Attention all artists, videographers, film students, DIY addicts, advertising students, home video makers, professionals, camera nerds and other creative members of the Etsy community: here's your chance to show the world how talented you are, and help us spread the Etsy gospel while you are at it!

And if that's not enticing enough, we are also giving away pantloads of cash. We're hosting a new contest at http://www.etsy.tv.

Etsy wants promotional videos, and since our community is creative, artistic and unique, we're turning to you. For the next few months we will be accepting submissions for :15 and :30 (second) videos promoting Etsy and the handmade movement. This is your opportunity to express your passion (or is it an obsession?) for Etsy.

The guidelines are simple: your ad's theme must be "A Handmade Moment" and must legibly display the text "Etsy.com".

We will select 10 finalists from those submissions which surpass a minimum score based on a variety of criteria, and then invite the community to vote on a winner. The winning submissions will receive a total of $10,000 (and we'll use the video, too)!

First Prize: $3,250
Three Runners Up: $1,250
Six Finalists: $500

We're calling the contest the Handmade Moment, and you're invited.

FAQs:

Wait, WHAAAAAAAAAT? I want that fame and glory and money. How does this work?
1. Make a :15 or :30 (second) long Etsy promotional video. The length must be exact.

2. Upload your video(s) to Etsy at http://www.etsy.tv. Submissions will be accepted through August 31, 2009, at 11:59 p.m. ET, to be exact. You must have permission to use all of the content in your video.

3. Start promoting your video and sharing the heck out of it. One of the criteria for the selection of finalists will be view counts, sooo...

Embed your video in blogs, on Facebook or MySpace, and anywhere you think people will see it. On August 31st the 25 videos with the most views will be well positioned to form the pool from which our jury will select the 10 finalists. (Our friends at Magnify.net are powering the video pages and will keep count for us.) We will be taking other criteria (keep on reading) into consideration to select the finalists, because being popular doesn't necessarily mean you're the best.

What should the video promotion be about?
The advertisement should be for Etsy.com in general (and must not be for a particular seller). Your ad's theme must be "A Handmade Moment," and it must legibly display the text "Etsy.com." Other than that, go nuts. Be original. One of the criteria when we pick the winners will be creativity.

For real? Does my video ad have to be made from any specific media?
Nope! Animation, claymation, film, live action, silent movie, dance, mime. The sky's the limit. Just make it awesome!

Rad, I can do that. How does Etsy choose the finalists?
We're looking for something great. Etsy will choose finalists based on our not-so-top-secret scoring criteria, awarding points for: (1) creativity and originality, (2) handmade ethos, (3) humor and whimsy, (4) technical skill, (5) catchiness and (6) brand appropriateness.

Once the ten finalists are selected we will invite the community to vote for up to three favorite videos to help determine the winners, alongside a panel of expert and celebrity judges who will score the entries.

I have a ton of ideas. What should I do?
You can make and submit as many videos as you like.

How long does the contest last?
Submissions are accepted for three months, but the sooner you upload your video the more time you'll have to get views, so hustle! Submissions can be entered beginning June 1, 2009 through August 31, 2009 at http://www.etsy.tv, so start crafting your video ideas today. Finalists will be announced in September.

I use Youtube/vimeo/blip/odeo/elsewhere to host my videos. Can I still enter?
No, sorry (darn lawyers!). You have to use our upload tool at Etsy.tv. Click the "submit video" button at http://www.etsy.tv to learn more, and then use our widget to promote your video. There's a long explanation for how and why, so be sure to fully read the Official Rules before you hit that submit button.

Remember, views will only be counted through Etsy.tv, so be sure to use our sharing tools when placing your video elsewhere on the Internet. After you register your video at http://www.etsy.tv, be sure to grab your embed code and start sharing. We encourage you to post your video to your blog, Facebook page, MySpace page... wherever you think you can get people to click and watch!

My ad is twenty two seconds long. Does that disqualify me?
Sorry, but the rules state your ad must be either exactly 15 or 30 seconds long. Remember, a great ad is short and sweet, and attention spans tend to drop in a matter of seconds online.

Will Etsy help?
Fear not, aspiring creative director! We've created a resources page with some music and logos you can use. However, you don't have to use these resources, so be creative.

My friend is a film student and would be so good at this. Can I tell them about this?
Yes!

My friend is in advertising and would be so good at this. Can I tell them about this?
If you or your friend are employed professionally in the advertising industry, you are ineligible to participate. Sorry! (Etsy employees are ineligible, too, by the way.)

My work is really abstract, I'm not sure I could make a promotional spot. Making a commercial just sounds so...commercial.
We still want to see it. Etsy loves artistic and creative and unique, it's what handmade and our community is all about. Just make sure you display "Etsy.com" somewhere in the video, and we'll all agree it's a promotional video.

Etsy needs to make their own darn ads!
We believe our huge and talented community can do a better job. And that's why we want to pay you to do it.

I'm not in the United States. Can I enter?
It depends. The contest is open to residents of the United States, Canada (except Quebec), United Kingdom, and Australia. We are trying to be as inclusive as possible, and we have obtained legal representation in as many countries as possible. Unfortunately, as contest law differs from place to place, we are not able to offer this opportunity in all countries and territories. (Anyone can submit a video, they just won't be eligible for the prizes.)

I bet the lawyers want to say something. So what's the "but..."?
They sure do, and our lawyers are sweet, so be nice! Be sure to read the Official Rules before you submit your video. Here are some highlights that we want to call to your attention:

Your video must be made by you.
Your video must not break any laws.
You must have the rights to all content (visual, music, audio, or otherwise) used in your video.
Your video must be exactly fifteen or thirty seconds long.
Etsy approves all submitted videos, and reserves the right to remove any video we find objectionable for any reason.
Your video must include the text "Etsy.com."
Etsy will have a non-exclusive license to all videos, in perpetuity.
Videos will be accepted beginning on June 1, 2009 and ending on August 31, 2009 at 11:59 p.m. ET.
You can enter as many different videos as you like.

And your video cannot:

display any non-Etsy trademarks or logos or obvious variations thereof (you can write Etsy.com anyway you wish, or use a logo from the resources page).
contain any photos, imagery, music or video clips that you did not create yourself and own the rights to (as well as those found on the resources page).
contain more than three identifiable people.
contain a minor who you aren't the parent or legal guardian of.

You can find all the details at http://www.etsy.tv. This contest is open to most humans, except as noted above and in the rules, and is, of course, void where prohibited. Good luck and tell your friends!

If you have questions or comments, please see this forum thread. We're closing the comments on this Storque post so we can follow the conversation over there.

Etsy's Trademark Guidelines

2009-05-19T14:45:00-05:00

Hi! This is SarahSays, Etsy's in-house legal counsel.

A little over a year ago we launched the Etsy Trademark Permissions Program. Since that time, dozens of Etsy members applied to use and were granted permission to use the Etsy marks in products, for free.

In an effort to further support and encourage ideas, services and tools that use and supplement the Etsy services while also protecting Etsy’s reputation and brand identity, Etsy is excited to introduce the Etsy Trademark Use Guidelines. We hope that these Guidelines will help Etsy members, Etsy Teams, and others refer to Etsy or our services without compromising the strength of our trademarks or our brand identity. Please note, these Guidelines are intended clarify Etsy’s existing policy; this is not a policy change.

The Guidelines consist of three parts: a general overview section, an examples section with specific and detailed explanations, and a section dedicated to the Etsy Trademark Permissions Program to request permission to use the Etsy mark.

The Guidelines only concern the use of Etsy’s intellectual property (for example, the term “Etsy”). For issues regarding any intellectual property which is not exclusively owned by Etsy, please refer to Etsy’s Copyright and Intellectual Property Policy.

We will be holding a Virtual Labs at 10:00 a.m. ET on Thursday, May 21, 2009 to answer any questions you may have regarding the Etsy Trademark Use Guidelines or the Etsy Trademark Permissions Program. I want to personally thank the community for your passion, your patience, and the creativity you bring to Etsy.

Personal Passover Traditions: Afikomen

2009-04-09T13:10:00-05:00

Last year I shared my grandmother’s version of my mother’s Matzah Ball Soup. This year, instead of sharing a food memory, I’ll share my favorite Passover custom: the hiding (and seeking) of the Afikomen.

In a nutshell, at the beginning of the Passover Seder, half of the middle of three pieces of Matzah (called the Afikomen, meaning “dessert” in Aramaic) is hidden, and Seder service can only conclude once a child locates the Afikomen. In my family, the reward for finding the Afikomen ranges from a silver dollar to some Passover chocolate. This fun custom aims to keep young people interested in the Passover traditions.

One year, as my uncle went to hide the Afikomen my brother secretly excused himself from the table to spy. When the time arrived to search for the prized unleavened bread, my brother calmly walked over to the couch and sat down. As us kids frantically rummaged through every drawer, under every rug, and behind every crevice, my brother remained seated. He finally stood up, dramatically reached under his couch cushion and retrieved the broken Matzah. We all demanded a re-do. I don’t remember who legitimately found the Afikomen, but I know it wasn't me because I was laughing far too hard to participate in the search.

This year, my family’s Afikomen competition may be slimmer than usual. However, no matter the economy, these types of memories and traditions hold a family close even if you have to spend a holiday apart.

Please share your Passover traditions in the comments below.

View More Posts on Judaism | Holiday Posts

Etsy, I See Copyright Infringement

2009-02-27T12:15:00-05:00

Copyright infringement is a hot topic on Etsy and in the media. As we see in the You be the Judge series, there are always at least two side to any infringement story. Many artists, lawyers and even judges may disagree as to what constitutes copyright infringement and alternatively what should be deemed fair use or otherwise allowed by law.

But what about items on Etsy?

If you feel like an item or material on Etsy violates YOUR intellectual property right, please send Etsy the information we need, as set forth in Etsy's Copyright and Intellectual Property Policy. Etsy needs six pieces of information before we will comply with our policy and remove the material.

When Etsy receives proper notice from a copyright owner or a person authorized to act on behalf of the owner, Etsy, as a venue, complies with our policies and removes the material. Etsy treats all complaints seriously, whether the complaint is from a well known company, an individual, or from an Etsy member.

You may wonder, why not just flag the item? Why jump through these hoops?

This is because an allegation of infringement is a serious matter. In fact, if you materially misrepresent that a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys’ fees).

Under United States copyright law, only the legal or beneficial owner of an exclusive right under a copyright is entitled to take action. In other words, copyright owners are responsible for policing their own rights and bear the cost of policing. It must be the copyright owner — not a simply well-intentioned member of the Etsy community — who reports copyright infringement and ultimately decides what uses are permitted and what uses may violate rights.

If you were to discover that an individual had utilized your copyright protected work, it's up to you to decide how to proceed. You may find that the use is absolutely fine. In fact, this use could bring you great publicity! You may choose to ask the person to enter into some sort of agreement to use your work. On the other hand, you may decide that you want the use to stop. The choice is up to you (and maybe your lawyer).

Here's an example: a t-shirt on Etsy has an iconic cartoon character silk screened on it. The owner of the copyright of the cartoon character has the right to decide how to proceed. The t-shirt maker may have permission to use the cartoon character in their work. But if copyright owner believes that the use is infringing, the owner might ask a seller to stop selling the items. Alternatively, the owner might ask the seller to enter into a licensing agreement. The copyright owner might simply choose to allow the use.

If you see something on Etsy that you feel infringes on your intellectual property rights, you may choose to contact Etsy and provide us with the information as specified in our policies, found at this link: http://www.etsy.com/copyright_policy.php.

Let me know what you think about this topic!

---
This information is for educational and informational purposes only. The content should not be construed as legal advice. The author and Etsy, Inc. disclaim all responsibility for any and all losses, damages, or causes of action that may arise or be connected with the use of these materials. Please consult a licensed attorney in your area with specific legal questions or concerns.

NOTE: This was originally published on October 30, 2007. We changed the timestamp to bring it up to the top for a refresher!

You Be the Judge: Sweet Trademarks

2008-12-30T11:30:00-05:00

Most of us may associate the word “trademark” with certain products (like the logo on a sneaker, the design on can of cola, or a symbol handbag) and these trademarks help identify the creator of the product. In this “You Be the Judge,” we investigate the trademark of a delicious sugary cupcake decoration.

Sprinkles Cupcakes is a cupcake bakery with roots in California. Although the author of this article has not had the opportunity to sample the delicacy, Hollywood seems to adore the cupcakes. According to Sprinkles, in October 2004, the company started using their “nested circle design” to indicate the flavor of the mini-cake. Sprinkles registered the design for trademark protection in April 2007.

Famous Cupcakes is also a cupcake bakery (and again, unfortunately the author cannot attest for the quality of these cupcakes). According to the website, the owner of Famous Cupcakes began selling her sweets door-to-door over 20 years ago at the age of seven.

In a federal lawsuit filed in August, Sprinkles alleges that Famous incorporated the "nested circle design" on Famous’ packaging, store decor, and website.

Although you may need a taste test to fully judge this case, in the case of the cupcake circles, You Be the Judge. Click here to see Famous' graphics on their website and Sprinkles' here.

What's your take on the controversy? Leave your thoughts in the comments!

You be the Judge: a "TM" on a "W"

2008-10-21T17:00:00-05:00

When thinking about trademarks, you may think of a word, name, or symbol to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. You may have visions of the Apple logo, or Louis Vuitton's monogram trademark, but what about one single letter? In this You be the Judge, we will examine the case of the college Ws.

The University of Wisconsin-Madison (UW-Madison) is a public research university located in Madison, Wisconsin, with around 28,999 undergraduate, 8,860 graduate, and 2,563 professional students. The “Motion W” mark is a UW-Madison logo.

Washburn University (Washburn) is a public institution of higher learning located in Topeka, Kansas, with around 6,300 undergraduate and 1,000 graduate students. The university uses a W to promote its athletics teams. Their mascot is a gentleman by the name of Ichabod, as the endowment founding the school was from Ichabod Washburn, a famous 19th-century industrialist.

In late 2007, the UW-Madison filed a trademark infringement lawsuit against Washburn claiming it “is making use of both identical and confusingly similar variations of the Motion W mark, in a blatant attempt to trade on the goodwill of Wisconsin.”

In September 2008, Washburn agreed to spend thousands of dollars to modify the logo. Washburn will add an element to the athletic W logo like the Washburn name, the word “Ichabod” or the image of the Ichabod. Washburn claims this agreement is a business decision and does not acknowledge any wrongdoing.

Although the parties settled the case, what do you think? Do you think the Ws are "confusingly similar?" In this "case of the Ws," you be the judge!

Comment below with your opinion!

See other You Be the Judge posts.

Community & Tech Updates: Updated Privacy Policy

2008-09-25T11:43:00-05:00

Your privacy is very important to us at Etsy. Our Privacy Policy explains how we collect, store and distribute the personal information you share with us while you use the site.

In an effort to make the Privacy Policy easier to understand and more user-friendly, we have made a few revisions. We have also added information to the policy regarding how your personal information is used for Etsy’s email newsletters and the Invite A Friend feature.

Etsy is a secure site. We are a licensee of the TRUSTe Privacy Program and we comply with the EU Safe Harbor Framework set forth by the Department of Commerce. As noted in our Privacy Policy, it is our duty to notify the Etsy community of material changes to this policy. We’ll also be doing a log-in alert to let all our members know about these changes.

Please read Etsy's Privacy Policy for more information.

ps
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