After receiving an email from Etsy informing him that 11 of his T-shirt designs featuring the term “bruh” were removed for trademark infringement, Sam Joseph Karam expressed skepticism due to the number of listings taken down simultaneously. Karam, the owner of Customized Designs, a U.S.-based apparel company, noted that the removal of the designs led to the withdrawal of his Star Seller badge from Etsy, resulting in a noticeable decline in sales.
The email from Etsy cited a complaint by Malik Yawar Abbas, the holder of a Canadian trademark for the term “bruh,” as the reason for the takedowns. Karam and other Etsy sellers reported similar instances where their listings were removed following complaints by Abbas.
Karam accused Abbas of “trademark squatting,” claiming that Abbas intended to profit by licensing the term rather than producing any products himself. Legal experts have emphasized the need for platforms and the legal system to address such trademark practices effectively.
Abbas, who holds the trademark for “bruh” in Canada, has defended his actions, stating that he aims to develop a licensing brand using the term. He denied the accusation of trademark squatting and mentioned that the $1,000 settlement proposed to Karam was part of a negotiation and was not finalized.
Despite Abbas retracting the complaint to Etsy after the designs were removed, Karam expressed dissatisfaction with the situation and is exploring legal options to challenge the trademark on grounds of bad faith. Carys Craig, an expert in intellectual property law, highlighted the possibility of invalidating trademarks filed in bad faith under Canadian law.
In trademark disputes like this, the context in which the term is used plays a crucial role. While trademarks can be registered for common phrases like “bruh,” the manner in which they are used determines infringement. Clancy explained that certain uses of trademarks, such as ornamental designs, may not constitute infringement.
The lack of an appeal process for sellers affected by trademark takedowns on platforms like Etsy has raised concerns among legal experts. Craig emphasized the need for stricter regulations to prevent abuse of the trademark system, particularly in cases of potential bad-faith trademarks.
Overall, the dispute highlights the evolving challenges in trademark enforcement, prompting calls for enhanced safeguards and procedures to protect sellers and prevent abuse of trademark rights.