We Got A Trademark Infringement Letter-What Next? (My Trademark Infringement Story)

Hello everyone! This video is a bit different from my regular weekly tutorials. However, I thought sharing this story with you all would help you in some way.
I am no expert in the area of trademarks, copyrights, or logos. I am not able to give any legal advice, this is just my story about what happened to me and my small business regarding a trademark dispute. In this video, I outline what happened and what steps we took to resolve this matter.
To look up trademarks go to the United States Patent and Trademark Office: www.uspto.gov/...
Link to my patreon campaign where I share weekly tutorials and recipes: www.patreon.co...
Link to my website where you can find all my handmade products: www.sunshineso...
#trademark #trademarkinfringement #smallbusiness #vlog #blog #copyright

[@SunshineSoapandCandleCompany]

Hi everyone! I just wanted to say thank you so much for all of your amazing support! I really appreciate all the kind words and empathetic comments and responses to this video! It really feels great to have you all rallied around me! There are a few things I wanted to address real quick about some of the comments. I have been asked several times if the company that holds the trademark is a big company (or there is an implication that the other company is a big company). Also, lots of you would really love to know who they are so you won't accidentally buy products from them. I can assure you, the company that came after my business is not a big company or anyone you have ever heard of. They don't even sell bath and body products, which is one of the reasons I believe my product was not causing ANY consumer confusion. I am confident, you have never, and won't ever buy items from them. I think they do "police" their trademark, and seek damages from other companies, which is within their rights to do so. Also, I have had a few comments now regarding me getting scammed from my own attorney and that my agreement to stop infringing on the mark should have been enough. My response to this is, it is more complicated than that. The other company did not send me a cease and desist letter, they sent me a trademark infringement letter, these are two different things. The implication was that I had already caused damage and tarnished the trademark. When you get a letter like this, they are telling you to cease and desist and also telling you that you may owe them damages. To put it simply, even if you agree to stop using the trademark, they are not necessarily releasing you from liability! This is the part where we felt it best to have representation. My attorney's first move was to let the other attorney know that I was willing to stop using the "two word" phrase. In fact we had several conversations leading up to this and we were both hopeful at that time that they would drop it. The other company's attorney came back with a demand to pay and license the name from them. They were seeking damages. At that point we started negotiations. And when we came to an agreement, I was released of liability. I don't feel I could have handled this without representation and am very grateful for the honest help I received from my attorney. I hope this does not ever happen to any of you and please share this video with other small business owners!

[@lyndaperkins9112]

thank you so much for sharing your experience so others can be careful when using names/phrases/symbols and not end up in the same situation.

[@lisaroper421]

As a wife of an attorney, I am so glad you got one! It is really critical in these situations to make sure all your i's are dotted right, and t's crossed right! I'm not saying the system is the best I can imagine, but if you are stuck in it you definitely need a guide! Glad they were able to help you and get this all cleared up!

[@naordaniel]

These are obviously frauds that make money in a "legal" way, don't feel sad for paying the sum you did because going to trial would you usually cost much more, you did the right thing.

[@lisaantenett5762]

Thank you so much GOD BLESS YOU AND YOURS

[@caroled3943]

So glad you popped up on my suggesteds, your vid was so genuine and sincere I had to check out your product. WOW gorgeous soap. Omgoodness love love love! Can't choose which Im ordering because I want them all. ❤Don't let those jackwagons push you around!

[@DesignCutters]

The fact that they wanted you to license means they were really not at all concerned about your product diminishing their trademark or their product. I call BS - they sound like predators. You should reveal their company name so people can boycott them.

[@philmatoph]

exactly

[@beamarla8218]

i agree one hundred percent.

[@KellyNsGrotto]

She may have signed a legal agreement to withhold that information otherwise that company could sue for defamation.

[@digitallocations1423]

@@KellyNsGrotto How is it defamation when she's not lying?

[@cheyennebaker3149]

@@digitallocations1423 Based on legal terms, it can be defaming of the brand. Defamation doesn't have to be false information spread, it just any info that could cause a consumer or third party to form an adverse opinion.

[@Steffi.EchoGraphix]

It comes off as predatory. If they were confident in their products, why would they need to go after a small business? I'm so sorry you were taken through this hassle.

[@kutieluvsmj7]

Same exact thing happened to me i was heartbroken

[@stevienicks1269]

Because tradematk law says that if they dont fight every instance they can loose the ability to fight for it at all

[@j.l.thurman2725]

it should only be on a maker's Mark, not words, phrases, colours, Just a mark that is original and not in common use.

[@Steffi.EchoGraphix]

@@stevienicks1269 Wow, rules that cause everyone excess confusion.

[@KatieCottingham]

@@j.l.thurman2725 So that's actually gone to court more than once. The most recent that I recall actually getting press and the judge ruling against the person filing was Paris Hilton. She was made to change her filing and limit her category of usage to what she actually did and stop making filings for things she had no functional work in and no connected business dealings with. There are limitations, but the argument of "common use" and "public domain" has been an ugly legal battle over recent decades with people with money winning more and more, and everyone else suffering for it.

[@edwardkantowicz4707]

Sounds like legally sanctioned EXTORTION. Best wishes, and thanks for the warning. I'm a bit dismayed that you could not reveal the company, as I should think there should be consequences for their behaviour, regardless of it being "legal". You're spot on calling the practise out as unethical.

[@KatieCottingham]

If she'd contested the claim in court it would be public knowledge, but by attempting intimidation, and her own lawyer playing into that, they get to keep things secret and protect those who have money already and use their "businesses" to leech others of hard earned income.

[@tigermoth61]

When I first listened to this sad story, that is exactly what I thought. EXTORTION.

[@MegaFairandsquare]

It’s public record! I found it with no problem. These big companies are on a mission to intimidate small businesses like ours.

[@M5CAP1TAL]

There was no trademark infringement. There was no customer confusion. That company was just being a bully, and a greedy one at that. Thanks for sharing your story!

[@stacyreid211]

Humans never disappoint. Everyone wants a profit from everyone. I’m glad you came out ok. Smh

[@carolyncunard3558]

So you don’t think people and or companies should be able to protect their products

[@stacyreid211]

@@carolyncunard3558 I said what I said

[@stacyreid211]

@@carolyncunard3558 also listen to what she said. She had no idea she was doing anything. Don’t take things out of context.make it a great day.

[@beamarla8218]

karma will get them

[@ohworldgirl]

@@carolyncunard3558 She has a smaller company and as soon as she agreed to the cease and the desist - please , let it go - it was like they were use their trademark as leverage. OK if they ask her to just pay their legal fees, I'd have a tad more respect.

[@mjones8176]

This reminds me of these two British guys who trademarked “Yoruba,” as you know “Yoruba” is the name of a cultural group in NIGERIA; thus if that cultural group or Nigerians themselves were to use their name on any products or items, these two British guys could sue individuals or the country of Nigeria for using its name. Of course, The Nigerian Twitter went after the two gentlemen for appropriating their Nigerian name, culture, and tradition, and the two men stated that they wouldn’t “sue” over the use of “Yoruba.” Thank you for sharing. You will be blessed. The company that went after you will - in time - succumb to its own tactics.

[@fralou1]

Karma. That’s all I’m going to say.

[@Buddhavibez]

Interesting story, any idea where I can find it in full?

[@IHeArTrOcK20]

Can you imagine the audacity of those two men!?

[@keyamoore8031]

OMG. All they wanted was money. Just terrible😩 🙏 for you. Thank You for sharing

[@naturalbodyessentials]

I’m so sorry this happened to you, there are so many companies out there like that want to take advantage of small businesses.

[@SunshineSoapandCandleCompany]

thank you and yes, it really is a shame!

[@salwashaikh1772]

Thank you so much for your great information and this thing it happens as far as they know the law with the companies it happened especially with small businesses; however I see the picture in different ways we all got a very good beneficial information from your video and we got a good lesson thank you so much keep shining.

[@debbie1016]

Sounds like the other company was trying to make money from you. Any existing customers who knew there product and purchases it would know the difference in the products already.. Anyone else would not be aware of it anyways to cause any confusion. Sounds like they just wanted to make a quick buck off of you.

[@LynetteB71]

You are being so kind about this entire issue. I would be calling them out al over social media (1st amendment right) People like that need to be called out by name so we know who they are and what they are trying to do.They are only looking for money!

[@rebeccafionacornel6558]

i agree

[@jpvintage]

I agree. But then there’s “slander”… They would be back.

[@jackiepik160]

Freedom of speech applies to the government making laws. It does not apply to companies. Also freedom of speech doesn’t give you a free pass, there are always consequences for actions.

[@jessicataylor2603]

Most settlement agreements have non-disparagement clauses, as well as demands not to disclose details of the settlement, like amounts. Notice she never uses the two-word phrase. That’s a good indication this may be her case. She also would have been advised by her attorney not to further tarnish the company during the entire process too. It’s pretty clear this company uses their trademark as a revenue stream, and that’s a sad part of American business.

[@zoeemiko8149]

You don't understand free speech. If she were to follow your advice she would lose in court and be out hundreds of thousands of dollars in damages.

[@ShamaShamica]

As a trademark attorney I’m glad that you made this video to help other entrepreneurs understand how easily they can face a similar situation. Trademark infringement is not just about selling similar products. But as you mentioned, it’s more about the likelihood of confusion that your product could cause among customers of the company with the trademark. You could be selling a completely different product but if it has the same name as a trademark and you are selling within the same category/industry then it is more likely that there will be a finding of a likelihood of confusion and a resulting trademark infringement. I think it should also be noted that one shouldn’t solely rely on the results of a trademark search on the USPTO website to think they’re in the clear for a trademark. There could be applications for trademarks that have been filed but not yet registered that will not show up on a uspto search. Trademark attorneys do use special programs to help perform a thorough search.

[@monicag.1527]

Curious, if there is evidence someone was selling a product with a name/phrase prior to it officially having been trademarked by someone else, can that stand in court? That would be a lot of upfront money for a fledgling business to have to invest in hiring a TM attorney, and going through the process of TMing every product they make.

[@ShamaShamica]

@@monicag.1527 Hi. Great question! Let me put my disclaimer here: although I am an attorney, I am not your attorney. The information shared here is for informational purposes only and does not constitute legal advice and does not create an attorney client relationship. To answer your question, in the U.S., priority over a mark is based on the date of first use of the mark as opposed to the first person to file an application to register the mark. So someone who has an unregistered trademark can have priority over someone who later files to register the same mark if the person with the unregistered mark can show that they were actually using that trademark in commerce before the subsequent filer. A person with an unregistered mark will still have rights to that trademark but only under common law. An unregistered trademark’s protection is only limited to the geographic region where it’s being used. So say you were using your unregistered mark in a specific city and town, your protection and right against infringement would only be limited to that specific city and town. You would not be able to prevent someone else from using the same mark in another region. So, while federal registration does not guarantee priority over the mark, it’s often recommended that one registers the mark at a federal level because you get many advantages from doing so such as the ability to sue against infringers in federal court, presumption of ownership, and notice of ownership to others nationwide. It can end up being a much better investment to register the mark upfront as soon as you can versus having to prove priority over an unregistered mark later on, especially against big companies with deep pockets.

[@monicag.1527]

@@ShamaShamica thank you so much for taking the time to leave such a thoughtful reply! That is good info to know, especially about mentioning going to the federal level. Considering different entrepreneurs have different goals/aspirations for their business, what you have mentioned is truly insightful!

[@ShamaShamica]

@@monicag.1527 You're more than welcome! And yes, you are right, every entrepreneur has different goals and not everyone may want to take it to a federal level but knowing the options available and the level of protection is useful. Glad I could help.

[@PrincessLopez]

Thank you for sharing your experience and giving us the knowledge on how to avoid the same. I agree. It would have been more ethical for the company to contact you directly and ask you to cease using the name. It's very unfortunate there's people out there seeking to financially gain from such an easy mistake.

[@SunshineSoapandCandleCompany]

Thank you so much for your support!

[@WUVIE]

While clicking around KZbin, I saw the title of this video, and immediately knew I had to watch it. Years ago, I had a web page specific to long hair care. In my meta tags, I had included a term about taking care of your hair in a manner similar to touching or stroking gently. Similar to your situation, I received a cease and desist letter, and at first, thought it was a joke. A soap company, of all things, was coming after me, a small-town nobody with a simple webpage for hair care. Nothing for sale, no promotions, nothing, just something I came up with out of boredom, and yet I posed a confusion issue with consumers? Wow. "Gee, I thought I was buying soap, but looks like I bought...nothing, from a woman who was selling nothing?" Seriously. A trademark infringement on a verb, or a noun. Baffling.

[@fabricatedreality8218]

Thank you for sharing. I've only began making and selling handmade items in the past two years and I've been wondering about trademarks and naming products. This story scared the crap out of me. I'm so sorry you had to go through this.

[@elzy133]

Bigger companies or people with lots of money like to have a monopoly on trademarks. Can make having a small business more of a challenge. But you have to keep going, and keep learning. Can't let them get to us or stop us.

[@sewmad1400]

😮 I’m so glad the algorithm suggested this to me. I’m just starting my own business and Trademark infringement isn’t something I’d considered. It reminded me of occasions when American companies have even gone after small businesses here in Australia. I followed the link to the trademark website and now I’m going to completely rename my products. Thank you. You may have saved my embryonic business!

[@SkywatcherSandra]

Disgusting how businesses seek out to hurt people and not guide them to stopping the infringement. Shows their true colors. HUGS and GOD bless us everyone

[@Mariana-ym6zf]

I still get the feeling that they do this more often than you know to get their hands on good products without going through the development process themselves.... Good for you to not just give in!

[@rlpittard]

So I looked into trademarking one of my products and I was told by my attorney that it is very tough to get the name of a product trademarked unless it is a very unusual name. They said it could take up to a few years for it to go through, if it even does and most of the time it will not. I am very surprised at that company was able to trademark that small phrase. I truly am sorry this happened to you, especially someone that is so willing to help other people. Thank you for sharing this information with everybody, especially those who are out there trying to sell there products. Take care and thank you again Leanne

[@saltdoll5288]

We weren't told what the phrase was, were we? Unless it was "skin care". I thought she intentionally did not tell us, being cautious to avoid further trouble.

[@nomdeplume2213]

@@saltdoll5288 same

[@TamTheEnlightenedAuntie]

This makes me grateful for knowing a trademark attorney. I literally stumbled upon this video…as I have products on the market that I’ve created…and this would devastate me. I’m so sorry you had to go thru it. Thank you for sharing this information.

[@myozbubble]

I took a one day class at a local university on trademarks, copyrights and patents. A trademark attorney was the instructor. His clients were writers and people who created designs for fabric. It was quite interesting and I learned a lot. Since I owned a business at the time, it was a tax right off for me too.

[@EllenRuthSoap]

Cory, thank you so much for sharing your experience. I'm so sorry this happened! And I appreciate the info and warnings you gave us.

[@SunshineSoapandCandleCompany]

thank you!

[@anned8575]

Cory, just a question, did you look up the trademark yourself? Sometimes a trademark will be applied for but rejected or denied. Just a thought before you pay out lots of $. To me it looks like some company (?) trying to scam people- should have been settled with you complying instead of offering a liscense. 🙏

[@SunshineSoapandCandleCompany]

@@anned8575 yes, we thought at first it was scam but they really do own the trademark.

[@anned8575]

@@SunshineSoapandCandleCompany I'm sorry you are going through this.

[@LashDiva5]

THIs video just changed the ENTIRE direction I was going to take on a Business venture. The POSSIBLE reward ($$$) is NOT worth the risk. THANK YOU! I took this as a HUGE sign from the Universe to bring this thing to a SCREECHING HAULT! Glad you came out ok at the end, though!

[@lkuypers3680]

I know. I had toyed with the idea also. But NO THANK YOU!

[@EdensSecret1]

Wow, I had no idea they could just fine you like that. I thought to cease and desist yes but not ask for a lump sum, thank you so much for sharing your experience with us all. Very informative and helpful. I once got a call from Chanel and they simply asked me to stop using the name, of course, I did stop and nothing else happened and that was how Chanel handled it...

[@christhomas1994]

I'm so sorry that you had to go through this. Thank you for your openess and transparency and helping us to learn from your experience. Through you the phrase "forewarned is forearemed" becomes so true for us who learn from you. I hope that you find peace as you put this unpleasant episode behind you. Looking forward to continued great content from you! Be well.

[@SunshineSoapandCandleCompany]

thank you Chris!

[@estelasteele1173]

It seems that when dealing with a small business, a "cease and desist" letter could have taken care of the issue without costing excessive monies. I so appreciate you sharing your experience.

[@mcescher1957]

Which is kind of proof that this had nothing to do with ANYTHING but a greedy company wanting money that they don't deserve. The can understand trademarking product "names" but the idea of trademarking certain "words" is absolutely crazy. Everybody seems out to stick it to the little guy...one of the reasons I have never started my own craft business,.

[@myozbubble]

As a former makeup creator and independent business owner, I'm so sorry that this happened to you. It does sound like the other business is a predator on small businesses. Thank you for sharing your experience. All the best to you! I would like to know who that business is as I would not want to give them any of my money.

[@digitallocations1423]

I wish she could have told us their name.

[@ruthdella37]

If she told us: remember: it’s FREE PUBLICITY for them! Money and FREE publicity! Wow! What a SCAM! So sorry it happened to a VERY NICE HARD-WORKING WOMAN!

[@IHeArTrOcK20]

@@ruthdella37 well everyone wants to know so we can boycott not so we can buy products 😂

[@micole83]

Thank you for sharing. It seems as though small businesses should be protected from instances like this. Like a warning the cease and desist should have been a first step.

[@SunshineSoapandCandleCompany]

exactly!

[@carlab30]

Right how did they jump straight to pay us. Sounds like a money grab

[@zenobiabrown]

I’m confused just did a Q&A with a patent attorney who stated cease and desist meant stop now or we will seek damages.

[@zenobiabrown]

So sorry this happened

[@tigermoth61]

You would think this would be the case, but this company wasn't protecting their trademark, they were deliberately out to extort money from her.

[@Jen.O]

On another note, here's how funny how trademark infringement can get: I got a cease and desist letter from "Chanel" when I listed an item on Etsy. What was it? A $5 vintage sewing pattern for a jacket I called "Chanel style". LOL, Chanel was stooping pretty low to send such a letter for a one-off item.

[@sharontrujillo7793]

It's not though....it's their name....has always been. 🏵️

[@sdtreats2876]

Chanel is really strict u can’t even make cupcakes either the cc issues the cc dripping and they told me I was infringing it’s silly to me

[@tru2love610]

Same EXACT thing happened to me on Etsy not even 2 days after I posted it on a custom jacket with a CC patch on the back, but Im confused because ppl are allowed to sell the patches to me. I put it on Poshmark & no problem. Smh

[@speranza8494]

This is basically extortion and totally disgusting. This is how they run small businesses out of business. It is so sad to see this happening. Thank you for this video!

[@SarahU2000]

I’m sorry this happened to you but I am so thankful that you decided to make a video to help us. Most of us are learning as we go so this video was so helpful.

[@maddhatter1219]

Things like this should NEVER happen to small businesses! To me, the only time that there should ever be a payment demand is when there is a blatant violation of a trademark that is obvious for products where there has been a substantial investment from the trademark holder. Naming a hamburger chain "Lindy's" and using a drawing of a redhaired girl as the mascot/image and having a similar menu would be a blatant trademark infringement. Not saying it need go to such extent, only that it would obviously indicate intent to capitalize on someone else's name/reputation. A few words in a description of what a product can or cannot do however doesn't seem to rise to such a level. Sad that this happened to you and I think that these kinds of acts hurt not only you as an entrepreneur but also other startup and small businesses.

[@SunshineSoapandCandleCompany]

exactly my thoughts!

[@alygarden9875]

Perfectly stated☝️👏👏. (But, It's just money hungry companies and people)....😤😠😤😠

[@jeaniceanderson]

I'm so sorry you had to experience this. This video is an eye opener for small businesses.

[@alygarden9875]

Yes....that this world is full of SHARKS😠😤😠😤😠

[@KateLloyd128]

I'm so sorry you had to go through this. They sound like a really predatory company. I appreciate you sharing this info with us...super helpful. I had no idea you could trademark a phrase!

[@TonicMercantile]

Appreciate you discussing this stressful topic. As a new business owner, this was very helpful information to know. I'm in the process of hiring a lawyer to form my LLC and will discuss my concerns with trademarks, company logos, etc. And I agree with you...a simple cease and desist letter would have been sufficient - they were just after money. It would be interesting to see the data from the other company on how confused consumers actually were and if they actually had any sales for that product in question.

[@QueenE_84]

Thank you for sharing this is the scary part of owing a small business. But I’m definitely about to work on trademark research on my products and trademark my products… so helpful wish all the best moving forward ☺️

[@lonnarheaj]

They wanted to settle because if it had gone to court, they would have most likely lost unless they could have proved there was indeed "consumer confusion". The process of going through that would have been costly for both sides, but the losing side would have had to cover the Court costs and other sides damages. It was a predatory move, and a cheep shot for the most part. Wow I would love to know the name of that company!!!!!

[@danalane6629]

Exactly! If you have access to a lawyer that won't cost you an arm and a leg, you're better off going to court! They count on the fact that most people won't, because it is expensive!

[@glenisgibson9736]

So sorry you had to go through this, and so unfair for a small business. I am in England and just starting to make products so I will look up the U.K's Trading procedures. Thank you for be so brave and sharing your story.

[@SunshineSoapandCandleCompany]

thank you! I am hopeful sharing this story will be helpful to others!

[@morpro4u]

@@SunshineSoapandCandleCompany when you decided just to rebrand your products did you do this with the assistance of the attorney you ended up retaining or did you go solo? I was not aware of being able to trademark a name on the product? Great work btw.... when is momma coming back ?

[@SunshineSoapandCandleCompany]

@@morpro4u my attorney sort of assisted me with the renaming process. He guided me on what would not be infringement and I ran a few things by him to make sure it was okay! My mom will have to make an appearance soon!

[@morpro4u]

@@SunshineSoapandCandleCompany for the situation you made a wise decision and yes they should have handled it differently then how they went about it! Yes your Mom is a natural! I'm excited to get started with my mom making cosmetics...she's 76 but she's quite the whippet snapper ..she's already formulated some samples of men's/women's and teenager s perfume and cologne! Think it's awesome at our age we can work side by side with one or both of our parents and have them involved!

[@sarienawatkins9566]

Straight Greed😡. You are absolutely correct, why couldn’t they reach out to you in a more ethical manner. I am so sorry this happened to you. Minor set back for a greater come back. You are amazing. You gave me strength to start my own business. Thanks for sharing your experience so other entrepreneurs are aware. Be blessed!

[@LolaBee144]

Thank you for sharing your story. In the process of starting my soap business, I applied to trademark the company name. Months later, during the pandemic, I made the decision to abandon the application for trademark and put the business on hold. Fast forward to present time, someone trademarked the name of my business. I'm heart broken because it took me months to come up with the name. It was a very unique name that I built a whole product line for. Now I have to start from scratch and come up with a new name and this time I'll follow through with a trademark. My lesson learned is trademark now or pay later.

[@janmoran2106]

Bless your heart! The way you presented your situation shows how much integrity you have. Thank you for sharing your story with us.

[@mapuanakupuna3471]

Thank you for sharing your experiences with these "dishonest & predatory SHYSTER's" so that others may learn from it. Many Blessings to you & wishing you all the success with your company. Define Shyster-(An unethical, unscrupulous practitioner, especially of law. One who does business trickily: a person without professional honor: A trickish knave: one who carries on any business, especially legal business, in a mean & dishonest way.)

[@livingin1984]

Sounds like trademarks are too wide and vague. You shouldnt be allowed to trade mark just anything. When a party states sorry didnt realize it was trademarked, then stops using it that should be the end of story, especially when the accidental use of it doesnt cause confusion. Unless its a popular one that lots of people know. Curious what company this was because i dont want to give them any support inadvertently.

[@hannahchante]

Way too broad, just another opportunist and their attorney taking advantage of this system that allows them to.

[@JCcreates927]

No it is up to each person that makes a product to know if they are breaking trademark laws or not, if not sure get a trademark attorney! I see people all the time breaking trademarks on purpose it is almost never by mistake. It sounds like she used a similar name as the other product which you would surely know.

[@hannahchante]

On purpose?? Examples please

[@KatieCottingham]

@@JCcreates927 Yes, there are definitely assholes out there who think they'll never get caught. However, a common use phrase or term is something that gets fought in court all the time because of the predatory practice of trademarking things that use common vernacular. Big names like Paris Hilton come to mind, who lost most of her complaint and was forcibly recategorized as a result. But, most decent people not intentionally breaking a specific trademark of common vernacular don't have the funds for a GOOD lawyer who knows what they're doing and how to fight on existing precedent.

[@danalane6629]

Agreed! They use vague language and try to intimidate people for just using descriptive phrases to sell their own products!

[@sherrymartindale8582]

Very sorry to hear this story. It’s unfortunate there are so many “Sue Happy” companies and people in the world today. Small businesses already struggle, and this just adds to it the worry of starting one. I assume this goes for naming soaps?

[@SunshineSoapandCandleCompany]

Yes, so true! Yes this applies to naming soaps as well

[@maric9307]

All greed. This is frustrating because a small business is hard enough. Sorry you went through this. Love your educating videos

[@corieddings5713]

Thank you hun. I watch a couple of you tubers that the same thing happened to. Some one gets paid to sit behind a desk looking for this kind of stuff.

[@riceg0bblr]

You seem like such an honest and beautiful person. This breaks my heart. Someone in the comments stated that it was predatory behavior and I completely agree. I don’t know the company but if I did I would boycott against it simply due to their unethical behavior. I really wish you the best of luck on your business and future endeavors! ❤

[@SunshineSoapandCandleCompany]

Thank you. You likely would not know this company. I have never seen their products anywhere. I only learned of them during this process.

[@janetsmith4790]

Thank you for being so honest and brave to share your experience. You are so kind to offer this information to help others when you are still in the midst of all of this. I have just recently subscribed to you and have learned so many things as I begin my journey. I find you very professional and knowledgeable. Stay strong and know that you are helping so many others! Many Blessings to You!

[@SunshineSoapandCandleCompany]

thank you!

[@donabouse5957]

I am one of your Patreon subscribers and voted yes to this story. Watching your video and listening, well the anger grew and by the end I was ticked off. You’re so graceful and polite. I guess my 15 years I’ve spent as a police officer have jaded me because there’s no way I could keep my mouth shut about them and exposing their unethical practices. I love you to pieces and love your content. You are my peaceful place and I’ve learned so much from you. I absolutely abhor what has been done to you. Thank you for sharing. You did a great job.

[@craftingwithcharm7665]

Dang, That was a scary situation to go through. So glad you were able to work it out & thank you for educating us on trademark infringement.

[@mandiruscher7335]

I am so sorry this happened to you, sounds horrendous and I’m grateful you shared so we could learn.

[@SunshineSoapandCandleCompany]

thank you

[@HeatherHunterJ]

This is the “big guy keeping the little guy down” trademarks, copywriting and reserves are easily protected with steps to the process YES beginning with cease and desist NOT jumping to litigation thank you for sharing your your experience know the phrase would have been helpful to viewers

[@zoeemiko8149]

No, it wasn't. This was a case of another small business going after a small business for losses.

[@LindaM1976]

This happened to me with a two word phrase I put on a cup I was selling. My fault for not checking on the trademark but I didn’t know you could trademark just regular words. I hadn’t sold any of the cups and the email I got from the company was super nasty but I stayed professional and polite. Funny thing is if I had put this phrase on anything else but a cup it would have been fine because they only held the trademark for cups. Ever since then, I check everything on the trademark website before I put it in my online store. I took down some of the other stuff I had up also that I didn’t know was copyright. I was lucky to not have to pay but it almost got my store shut down. Now I won’t even use copyright phrases for keywords.

[@nicolecoley911]

WOOOW IM SO SORRY THAT HAPPENED TO YOU, SO NOT FAIR. Small business companies are on the rise, taking over and those big companies feel threatened, like u said they could’ve just ask u not to do it again and change ur naming wooow. That’s why I’m not heavy on the naming I keep it simple & silly I’m soooo mad with you sister, I’ve learned so much from you. Keep ur head up and keep doing wonderful DIY’s 🙏🏾🥰

[@barbaraayala7808]

I would just move on .. companies like that are trying to make customers stray from small business and cause pain. Your products I'm sure are way better than the companies using harmful chemicals and high paying high dollar price. Give everything a simple name and move on like you said. I love your video's and hope this doesn't discourage you from your video's and selling your products.

[@lorifrazier9552]

You took the high road. That shows what type of company you have and what type of person you are. I know it was difficult. I would have a hard time with that. Thank you for sharing for all of us. You did a great job of explaining it.

[@SunshineSoapandCandleCompany]

Thank you!

[@crystaltodd6906]

Thank you for sharing. This kind of stuff is what makes me apprehensive about starting my business. This is a sue happy country. I’m sorry this happened to you.

[@LadyBug-xp1ox]

Hi, Crystal! I felt the same way when I started my business last year, but after learning how to use the trademark tool I went ahead started. It’s worth it to start! It’s a shame that some people can make it scary to start a business.

[@decasonater]

I'm not easily confused. If something sounds similarly, I read who makes them.

[@Louisianagirl_1126]

Thank you for letting us know about your dilemma. You are so right about the times, some people just want to, excuse my language, screw someone over for money.

[@ginger1860]

You have the patience of a saint! I agree ... they definitely treated you unethically. My sympathies go out to you. They bullied you. I'm glad you're not giving up or in! Good luck!!

[@POCK81014]

I'm sorry that this situation happened to you! In the 20 plus yrs that I have been making and selling both candles and bath n body products Ive not once been involved in something like this. (knock on wood). Having been a photographer (masters degree) and working with companies doing corporate photo work, it gets even more confusing when you throw in copyright and trademark all in the same day! Talk about FUN.....NOT! I see so many makers on Etsy and on Facebook pages using trademarked names and logos its enough to make a persons head explode! I see people making tumblers that are using the Starbucks logo, or they are using well known corporate logos such as Nike, Ford, Chevy and so on. Ive seen countless products being made that also use sports teams logos!! It really is mind blowing the amount of makers that don't know about trademark or copyrights! Its also mind numbing how many makers of bath n body products don't know that you cant make any claims on your product. Well, at least you got out from under what could have been a very BAD ordeal!! This is WHY having insurances and having an LLC can be very beneficial!!

[@laurisaspears1202]

I got hit with an infringement strike once on Etsy. I had no idea that my item was infringing and I felt the same way. I would have preferred that the trademark holder would have just messaged me first instead of giving me a negative strike. Ever since, I have been looking at every name I use now.

[@SunshineSoapandCandleCompany]

It really does feel so bad!

[@tisha4lives]

I hope you're ok and don't be discouraged.

[@SunshineSoapandCandleCompany]

We are doing great! Thank you! These things can be super discouraging as a small business owner because we work so hard!!

[@Purplemountainsoaps]

Shame on this “company”. It’s a simple “love your neighbor” issue! Yep. All they needed to do was contact you. Very grievous! So sorry this happened to you. Thanks for the educational video!

[@mrsjoy8831]

Well what happens when you don't know...Like a lot of phrases some small companies don't know that's messed up. I am so sorry you had to experience that, you are too kind and compassionate!! Wishing you much success

[@thumbalinamom]

Thank you very much for bravely sharing what you’ve been through. I too didn’t realize that you could run into trouble with such a small technicality. My husband‘s cousin is a patent attorney and believe me if I create salable products I will certainly run things by him first. I’m sorry that you had to go through this and that you had to lose a lot of money because of it. I appreciate how thorough and how clear you were with the descriptions of what took place and found it very helpful. I pray that your business will flourish for you in the future.

[@cardcrafter726]

I don't like bullies. This sounds like a bully. Sneaky people. They prey on small people. Good luck to you and your business. Thank you for sharing your story.

[@karenscookingkorner]

I am going thru this right now. I have built my business for 16 years using my brand name. I registered my business in Rochester NY in 2008. Then moved to Florida and again registered my brand company name. I just received a cease and desist letter. Devasting is an understatement. At 59 years old I am not going to start over. I have been crying for 4 days. This will make me go bankrupt since my business is my only income.......Devastating 😢

[@sherralieberry-majeski5972]

Thank you for sharing your story. It is invaluable. I am so sorry you were unnecessarily assaulted. In my fathers business, he manufactured ceramics and he used to get trademarks, but quit do it because all a competitor had to do was change the design a little such as remove the veins in the leaf pattern or lower the pattern some around the bowl.

[@dallashorner]

I wish I knew what company that was because I would make sure to never buy their products or support them! People are so greedy! You seem so kind & genuine and I’m sorry you had to go thru this.

[@Janepint]

No, I'm not bored. I'm very happy that you sent out this warning to us that have small businesses. I will keep your advice in mind every time I name a product. It's very timely advice too, as I am working on a website that could draw attention to my product names and bring them in question. I was under the impression that I only had to worry about my company name. Apparently you can use your own name and no one can contest that. Thank you very much! I'm sure you have been very helpful to many small business owners.

[@broadwayfanatic854]

I am so sorry that you went through this. Your points are 100% valid, and for the other business to engage in these shady practices is awful. It is hard enough for small businesses to make it, and for companies to be ready to sue instead of making a good faith effort to settle an issue (if it was really hurting their business) is not right. The fact they wait so long to bring the issue up and ask to see your profits/losses is terrible, because it is as if the company is (unethically) on the lookout for smaller companies that may not have money for legal representation so they can scare them into paying them as a way to bring in more profit. It’s terrible that there are so many people/businesses in the US that are ready to sue one another instead of making an attempt to first settle an issue. My own opinion is that the company should have to address an issue first before ever getting the chance to sue someone, and they should have to show proof that they attempted to address the issue, and only if the company infringing on a trademark does not stop should they be sued. I just see so many small businesses close (not even considering these issues) that when you compound even more things like this, it makes it so difficult. For instance, I know a lot of stay at home mothers trying to provide for their family with small businesses such as cricut crafting or other endeavors and it is stressful since many are trying to provide for their children and make extra money for their family because it is becoming so difficult to survive on their husband’s salary. I didn’t mean to write a novel about this but hearing your story just made me upset at other people’s ethics and morals.

[@stachayoung6582]

That sucks!!! I’m so sorry that happened to you. Thank you for sharing your experience and God will restore you 10 fold. You have many blessings to come. Stay strong

[@renemichelle283]

Your story reminds me of a very informative documentary I watched called The Patent Scam. I'm so sorry to hear this.

[@galemckiddy5120]

It sounds like the other company was looking for ways to make a quick profit. So sad! You have done a great job of explaining this, and thank you for the advice!

[@lindap7983]

I’m so glad your video popped up when I was browsing. I just placed my first order.

[@SunshineSoapandCandleCompany]

Thank you Linda! I hope you love your products! I appreciate your support!

[@JulieEbersole]

Gosh, you handled that and, shared what happened, with such grace. How awful they took the money-grab route they did in approaching you; if it really was about protecting their brand, issuing a simple cease & desist letter first, would have been understandable. That just rots. And, I don't understand why, legally, they don't have to follow some sort of process that involves initiating a cease and desist letter first, BEFORE taking the next step towards someone who was clearly willing to do the right thing.

[@nudiebarsoapco916]

What an absolute ordeal! Thank you so much for sharing your experience with us. I was actually on the other end of an infringement case not too long ago. Another company used my entire (trademarked) company name and product type, and presented it as their own. This caused so much brand confusion, and damage, that my own friends and family members were following them on social and even went so far as to purchase from the other company, thinking they were supporting me. I was advised by my attorney to send a nicely worded personal note making them aware that I held the trademark and to kindly stop using it. This was met by with a very passive aggressive response with them declining to stop using my name, and legal action was threatened against me for harassment. Just before my attorney sent the legal cease and desist letter he checked their status and use of my name. They had suddenly rebranded. Now, this is a much larger infringement than what happened in your case, and never did I ever entertain the idea of going after them for monetary damages. I did not even considered demanding attorney fees. Once they stopped using my name I considered it over. The company that put you through this has a defective moral compass. They knew exactly what they were doing and banked on you settling with them over the expense of fighting them. I applaud you for not giving them any kind of recognition on your platform. Someway, somehow, their actions will come back to haunt them. You have a great platform and strong community of support for you and business.

[@alygarden9875]

So wrong of that rude party to get at you when they were advertising falsely what was not theirs... That totally deserves to demand they return all gains from your name. 😐. You were so nice... I can't stand scammers and sharks wanting to live off of others. They probably will keep doing it to other people and just keep moving around😠😤😠

[@anncammack7989]

Thank you so much Cory for sharing your experience. I have been making soap and candles for over twenty years and I am just starting out as a small business owner. It is easy to think that experiences like yours will never happen to me but I know better. Thanks for the reminder to research trademarks just to be safe. God bless you! I have really enjoyed your videos.

[@SunshineSoapandCandleCompany]

thank you!

[@sandywright-leonard5238]

I’m going to share you video with a FB group I’m in because they don’t believe me when I tell them that companies can trademark and copyright anything. Thanks for sharing your story.

[@Leighsha7]

How sickening 😢 This makes me think twice about even starting up my small business. So sorry this happened to you.

[@sabrinastreet2390]

Cory, I am absolutely speechless....I mean...just speechless. I always try to think the majority of people are kind and not mean hearted but then there are those that show up out of nowhere and BAM!!! I am so very sorry!!Thank you for sharing this and keeping it real!! Again, so very sorry!!

[@kyleew6861]

you did great at explaining and totally not boring! you're great at videos like this just so you know!:) I'm ready to open a small business and the last step I decided to take was to research this topic as much as possible before launching. So thank you this information was super helpful!!!

[@teresahansen2206]

Thank you so much and you did a fantastic job explaining your situation. I'm so very sorry that you had to go through this knowing all they wanted was MONEY...

[@boutiquesoapz710]

Thank you for sharing this. It is so scary to name a product now but I will need to look into it here in Australia. Thanks again

[@medicgrrl123]

I really wish I knew what company put you through this because I DEFINITELY would not ever buy from them. What a shame. It's one thing to ask for a cease and desist from a small business who didn't even know there was a copyright infringement, BUT THEN freaking go after you for money. It's not like you googled the phrase or their product and just stole it. They need to frost themselves.

[@trisakelso]

I really hate that this happened to you. I’m very thankful that you shared your experience because you sharing has been very helpful. Bless you.

[@juliek7650]

That’s ridiculous. Im sorry you went through this.

[@myattt7173]

You've taught me a lot to think about. I'm sorry this happened to you. But thank you for sharing! Better days ahead 🌞

[@GiselaT54]

This came up in my feed. I wasn't familiar with you or your products, (which by the way, look to be awesome!) How awful to have to go through this! Thanks for sharing your ordeal -- I'm sure you've opened a lot of eyes. It would never have occurred to me to check on trademarked words. It shouldn't even be a thing, to be able to trademark common words...SMH

[@aetherscentsrx]

Really appreciate how gracefully you’ve handled this atrocious situation. I love watching your videos and value your creativity. I had been planning to trademark my business for awhile, but your experience really put it on the forefront of my plans to get it done asap to protect myself from this type of predatory litigation. Best of luck, the small business skincare community supports you!

[@SunshineSoapandCandleCompany]

Thank you so much Courtney! You will probably find my next video very helpful as well! We are publishing a follow up video on Wednesday where I interviewed an attorney regarding these matters

[@Dicyroller]

I am so sorry you went through this. Companys like this do this on purpose. They are looking for a payout. They know it is hard to find out all the things that are trademarked. They know you need to get out of this spending as little as possible because it will destroy your business. This is not ethical.

[@Anaturalbeauty]

Wow wishing you much success with your small business and sending you much love and positive vibes

[@nylevettemilligan8829]

Wow! Thank you so much for posting this! God bless you for going through this and sharing this with us.

[@NineEyedOracle]

This video was randomly suggested to me and I have no idea why I'm watching it while eating my dinner haha! BUT I'm grateful I DID watch because I am starting a small business and this is valuable information. As well, I agree with you. All they had to do was ASK. It seems like they smelled blood and sharked the water on purpose. I'm sorry you experienced this! What a nightmare. I hope the company that did this to you gets a loss of profit equal to the amount they initially requested of you in their first letter :) lol

[@NCJoMamaSC]

Thank you for sharing your story…and thank you for being the “bigger person” in this entire ordeal. God rewards the faithful and I respect your integrity so much!

[@heloisest-croix1257]

Hi Cory! I'm sorry that you had to go through this, you're a strong and gracious woman, always keep your head up no matter what dear. I love you 😘

[@SunshineSoapandCandleCompany]

thank you!

[@kathleendearana4498]

I am SO sorry this happened to you! And, it's wonderful that you are giving a piece of simple advice to others!

[@janemason9215]

I am so sorry this has happened to you. It is a lesson to all of us that are small business owners to educate ourselves completely before jumping in the business pound. Litigation is not only costly but takes a toll on a person emotionally. Yes the big company could have handled this much differently but why would they when they can benefit financially from litigation. Thank you so much for helping in the education process. We can all learn from each other’s mistakes. Again so sorry you had to get your education this way. My goodness how stressful.

[@LeaningCedarRanch]

Think you handled it as best a small business could! Best advice when naming/branding a company is AT THE BEGINNING pay to have a trademark AND copyright search done. There are lawyers and companies who will do a thorough search so this never happens to you. Good job on the outcome - sounds like they wanted lots of $$$ - why other companies want to destroy “competitors” I will never understand the greed of some. “Everything” is never enough for some.👏

[@MysticBudgets]

I'm sorry this happened to you. Especially you who helps so many people with your craft an willingness to share your how To's with the world of youtube. It's scary how this can happen

[@michelenickum5622]

I’m so sorry you had to go through this. It’s inconceivable to me that they just couldn’t have reached out to you without even involving lawyers. In any case thanks for sharing your story and your video was well done! Thank you for all you do and all you share!>