Regarding use of the Etsy name, logo and other trademarks by etsy members, there has been some confusion about:
1. which specific items on the etsy site are protected by trademark?
2. Are etsy street teams who have already made promotional material or websites with the etsy name going to have to change all their material?
3. Are new street teams being asked not to use the name etsy in their team names?
4. What should members do while they are waiting for etsy to develop their formal permission process for use of the etsy trademark?
SarahSays has tried to answer some of these questions: (bolding added by editor)
I hope this helps to clarify:
Scenario 1)
Knittie makes a knitted bag that says “I love Etsy” on it. She applies to use Etsy’s logo, she is granted the right to use the logo FOR FREE.Scenario 2)
Sarah makes a website www.SarahlovesEtsy.com. Her website features her Etsy likes and her dislikes. Sometimes Sarah criticizes Etsy. She applies to use Etsy’s logo. She is granted the right to use the logo FOR FREE!Scenario 3)
Meanie makes a website that has the word “Etsy” in the domain and features adult material. Meanie applies to use the Etsy logo. He is not granted the right to use it. He is asked to take it down.Scenario 4)
Uncrafty uses a company to drop ship tshirts that says: “Etsy is nice.” This use does not comply with Etsy’s policies. Uncrafty is asked to stop her use of the Etsy logo.Scenario 5)
Streetie is on a street team called “Streetie’s Etsy Street team.” Streetie applies to use Etsy’s name. Etsy grants Streetie the right to use the name, FOR FREE.Scenario 6)
Cardie has a business card that has her Etsy url in it and says: “buy Cardie’s art at Etsy.com.” Cardie does not have to apply for this use. This is fair use. Cardie is using the Etsy trademark to describe where she buys and sells all things handmade.Why are we having a trademark program? To protect Etsy’s brand. It’s just that simple. That’s it. Just like Nike or Coca-Cola, Etsy is a trademark and as such, Etsy must police its brand or it will lose the right to do so in the future. So if a bad company makes a product and labels it an “Etsy” product and sells the environmentally harmful product and children are harmed, Etsy will be able to get this company to stop. If Etsy allows anyone to use the mark without permission, when the bad company comes around, Etsy will not be able to stop this use.
There have been uses of the Etsy mark that Etsy has not liked, and Etsy has asked for this to stop. Etsy has been policing its mark.
Hold tight. We love your creative uses that comply with Etsy’s policies. If you’re currently using the Etsy logo, keep doing what you’re doing. You do not have official permission YET, but as soon as the program comes out, apply (business as usual until we announce it). Most likely so long as your use complies with Etsy’s policies, Etsy will grant you permission to use the trademarks for FREE.
We will be very fair about the program.
I hope this helps,
Sarah
Posted at 8:44 pm, August 19 2007 EST
SarahSays says: (bolding added by editor)
Lollibomb: thanks!
Laurenrose: use your Etsy mini! No need to apply.
And in Scenario 3) when I said “adult material” I mean porn.
The program will apply to the name “Etsy” or the Etsy logo of the reddish orange rectangle with the white Etsy.
What I want everyone to understand is that in general, Etsy loves your uses. We have to do this to protect our brand.
This last bolded statement appeared to contradict a previous statement.
“The name Etsy, and other Etsy graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Etsy, Inc. in the U.S. and/or other countries.”
SarahSays says:
eclipse: Sorry, the program applies to all of Etsys marks not just the Etsy name or the Etsy reddish logo. I was answering a specific question and it seemed as if I was making a blanket statement and for that I apologize.This does apply to “The name Etsy, and other Etsy graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Etsy, Inc. in the U.S. and/or other countries.”
Etsy has some federally registered trademarks in the U.S. (and in various other countries). Some trademarks are pending federal registration. And other intellectual property, although not federally registered, or registered in a state, is part of the Etsy brand. And as such, this intellectual property is protected.
The statement is overly broad to protect all of these uses. I want to protect current trademarks and future trademarks. Again, the most important thing to remember is that Etsy loves uses that comply with our policies. We love it. LOVE IT! The best way to protect the brand is to have the program. You will apply and Etsy will grant certain uses for FREE. Etsy is just trying to protect our brand.
If you want to use a mark located on Etsy, any mark, fill out the form. If you’re not sure if the mark is protected, ask. So long as your use complies with Etsy’s policies, it’s very likely we’ll grant you permission to use it…FOR FREE.
I hope this helps to clarify.
previous coverage of the etsy trademark issue
http://etsynews.com/304/on-using-the-etsy-namelogo/
http://etsynews.com/344/etsys-trademark-enforcement-plan-any-trademark-lawyers-here-to-comment-or-discuss/
August 22nd, 2007 at 7:46 pm
maria, that is both wise and funny. I am not sure which is more perplexing, the admins or the forums.
August 22nd, 2007 at 2:37 pm
Etsy: Your place for your head to explode.
August 22nd, 2007 at 7:46 am
But.. but…but… where is there a trademark on “Haim on Fire”?????? I can only guess that the image may be copyrighted, since it was drawn by Chris but if you’re not using the image….. I would think it would end there.
And again, there are a ton of things on ETSY using that “Haim on Fire” image.
No sense. Makes no sense.
August 22nd, 2007 at 4:11 am
exactly. don’t ask, don’t tell.
and don’t try to figure it out or your head will explode.
August 22nd, 2007 at 3:59 am
Oh, and, c) there are many other HOF things on Etsy without being subjected to “policing.” I’m curious - does your scent/product have the HOF picture on its packaging?
Also, Sarah’s last paragraph quoted in this entry combined with her recent actions/warnings, gives me the distinct impression that, right now, before the formal program comes out, if someone wants to use part of the Etsy “brand”, he or she would be wise not to ask for permission, as only those asking *seem* to be subject to policing.
August 22nd, 2007 at 3:43 am
Soap,
It definitely reflects poorly on them, considering that a) I can’t figure out how they can grant permission to use something that isn’t trademarked or copyrighted (AND as you pointed out, the phrase “Haim on Fire” is never used by Etsy) and b) even if it is eligible for permission-granting (like the HOF image), they already stated that there is no process in place to do so yet and that Sarah said things are, “business as usual until we announce [the permission-granting program].”