In an unexpected turn of events, Sam Joseph Karam, the owner of Customized Designs, an American apparel company, was surprised to find out that 11 of his T-shirt designs featuring the term “bruh” were removed by online retailer Etsy due to a trademark violation claim by Malik Yawar Abbas, a Canadian trademark holder. Karam, who also holds a Star Seller badge on Etsy, noticed a significant decline in sales following the removal of his listings.
Abbas, the trademark holder, has been accused of “trademark squatting” by Karam and other Etsy sellers who had their items taken down after complaints from Abbas. The trademark for “bruh” was officially registered by the Canadian Intellectual Property Office (CIPO) for various clothing items and later for advertising restaurant services by Abbas.
Karam, after discovering Abbas’s website, where he promotes licensing the use of the term “bruh” without selling any actual products, reached out to Abbas to resolve the takedown issue. However, Abbas requested $1,000 from Karam as part of a settlement, which Karam declined, citing bad faith practices.
Although Abbas has withdrawn the complaint to Etsy, Karam is exploring legal options with an intellectual property lawyer to challenge the trademark’s validity based on bad faith. Under Canadian trademark laws, trademarks filed in bad faith can be invalidated, although the application of this law remains untested.
Experts like Carys Craig from York University’s Osgoode Hall Law School suggest that the presentation of the “bruh” trademark on Abbas’s website and the takedown requests could potentially meet the criteria for bad faith. Clancy, an intellectual property law partner, points out that the use of general terms like “bruh” as trademarks is context-dependent and doesn’t necessarily imply ownership of the word.
Etsy’s response to trademark infringement claims underscores the platform’s responsibility to assess and remove listings upon receiving proper notices. However, the lack of an appeals process poses challenges for sellers to contest such takedowns. Clancy and Craig emphasized the need for clearer rules and processes to prevent instances of trademark squatting and over-enforcement in online marketplaces.
This case sheds light on the complexities of trademark disputes and the need for a balanced approach to protect both trademark holders and sellers in the evolving landscape of e-commerce platforms.
