question

Juna Duncan avatar image
Juna Duncan asked ·

Removal of Listing Notice but they don't own the rights. What do I do?

So here is the problem... Amazon says that I infringed upon someones intellectual property rights.

Bad Pickle owns the trademark for "I'm all that and dim sum".

My shirt says, "All this and dim sum".... those are not the same words.

Do they own all the sentences with All _____ and dim sum? Is that how trademarks work?

And my shirt looks nothing like their shirt... see attached.

Of course Amazon what's me to work with bad pickle and of course they want to take my design off of Amazon or else they wouldn't complain about it.

What do I do?


copyrightdesign
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upena avatar image
upena answered ·

Take it down and move on. It isn't worth the hassle to fight over one design and perhaps lose your account at MBA.

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Agreed... not worth it.

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Patton avatar image
Patton answered ·

Maybe, come up with your own ideas?

Maybe, stop trying to change someone else's work just enough that you think you can get away with it?

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That is not what happened here Patton. Does it look like the same design at all? I didn't even see this persons design when I made mine. Other people can come up with the same clever words for a pun. Just because someone trademarks it doesn't mean they are the first person to come up with the idea ever. It just means they paid money so people don't use it too.... and furthermore Patton, this is not what trademarks are even used for. Trademarks are used to protect a brand.... like "Just do it" or "Where's the beef"... This person doesn't have dim sum shop or sell dim sum. It's not part of their brand or identity. There brand name is BadPickle how is that even related. This is a frivolous trademark to begin with... oh and stop trying to copy someone else's work please... did you see their design? You think that is original? It's a rip off of the keep calm and carry on poster designs from years ago. I drew my own dim sum and did my own layout. I'm not trying to get away with it. I'm just saying it's not the same.

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If you made the item first, then show that to Amazon. But it looks like this person has had the copyright for that phrase since 2013-08-04.

https://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?Search_Arg=I%27m+all+that+and+dim+sum&Search_Code=TALL&PID=lnuCte2iKcxrUxvpRAA9XypXCv-Kk&SEQ=20210211195347&CNT=25&HIST=1


And I'm not sure what "keep calm and carry on" has to do with anything, because that is in the public domain.


Go for it though, fight for your right to sell the design, but you will most likely lose.

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