I can't change my stores name.. urgent!! 2 pages: [1] 2
mamaloshen
Posted: Thursday, June 07, 2012 12:11:06 PM

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Joined: 5/2/2012
Posts: 13
Hi all
I have been asked by an outside party( who claims to have a copywrite on my store's name) to change it. Not being in a mood to contest this, I just want to change the name..
HOWEVER... I can't change the name in my profile.. help help help!Angry Angry Angry
Steve Crompton
Posted: Thursday, June 07, 2012 12:46:46 PM
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While you can change your actual store name to whatever you wish, your store URL can't be changed, at least not by yourself. Is it the URL that the complainant is asking you to change?

Steve.
mamaloshen
Posted: Friday, June 08, 2012 10:59:25 AM

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Posts: 13
hi Steve
Thanks for answering.
I guess it is the url, becuase I cant change the name " mamalosehn" at the side... will I need to create a whole new store? arghghghghg!!!
Gina Lee Manley
Posted: Friday, June 08, 2012 11:21:02 AM
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mamaloshen wrote:
hi Steve
Thanks for answering.
I guess it is the url, becuase I cant change the name " mamalosehn" at the side... will I need to create a whole new store? arghghghghg!!!


No, you don't need to create a whole new store.

You can't change the name on the side because THAT is your URL. When you joined, and chose a name, that name became the url for the store. And that cannot be changed. Your store name is completely different. It can be changed at any time, and as many times as, we want. Your store name is what is used on the banner you have created for the store, (and it is what you have typed into the store name box in your settings - Hartsenyu) just as my banner shows my store name, yet my url is the name behind the store. For instance, my very first store was opened under my glmanley name, which made my url zazzle.com/glmanley - I named my store Designs By Gina© and made a banner to match. While I can't change the glmanley url, I can, at any given time, if I choose to, change the store name to anything that I want.
Gina Lee Manley
Posted: Friday, June 08, 2012 11:34:05 AM
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I did a quick search and I am guessing it is your URL, not store name, that is in question. Your URL, mamaloshen, is actually the title of a CD by Mandy Patinkin. In that case you may need to contact Zazzle and see what you need to do. Perhaps, in a case like this, they can change your URL *shrugs*
BoutiqueCoquette
Posted: Friday, June 08, 2012 11:47:13 AM
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I'm pretty sure that if you buy a domain you can mask your url.
mamaloshen
Posted: Friday, June 08, 2012 12:03:48 PM

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Thanks so much , Gina!
Mama loshen is yiddish for "mother tounge" so its bound to appear in many places.
One particular person, however , it turns out, actually copy--wrote the name. She has told me i must not use mamaloshen or she would sue me... grrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
I guess I will have to redo my entire store to have a new URL..


thanks for the help!Roses Roses
mamaloshen
Posted: Friday, June 08, 2012 12:06:09 PM

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hi botique- i didnt understand.. buying a domain on zazzle?
thanks for help.
BoutiqueCoquette
Posted: Friday, June 08, 2012 12:13:35 PM
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You can buy your own domain from say godaddy.com for instance, then you can use that domain's url to mask your current url. They will mask it for you if you ask them.
Gina Lee Manley
Posted: Friday, June 08, 2012 12:14:10 PM
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mamaloshen wrote:
Thanks so much , Gina!
Mama loshen is yiddish for "mother tounge" so its bound to appear in many places.
One particular person, however , it turns out, actually copy--wrote the name. She has told me i must not use mamaloshen or she would sue me... grrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
I guess I will have to redo my entire store to have a new URL..


thanks for the help!Roses Roses


Yeah, I gathered that from the search. Typically that wouldn't be an issue but since MP has a CD entitled Mamaloshen I am assuming that is what is causing this issue. What is this person using as her basis to feel she has the right to make a threat to sue you? Has she given any reason or just told you to stop? Has she provided proof that only she can lay claim to the name?
Gina Lee Manley
Posted: Friday, June 08, 2012 12:16:38 PM
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BoutiqueCoquette wrote:
You can buy your own domain from say godaddy.com for instance, then you can use that domain's url to mask your current url. They will mask it for you if you ask them.


I'm not sure that is allowed here. I seem to recall, a few years ago, a store or two doing that and those stores got shut down. It would be wise to ask Zazzle if that is allowed before going ahead and doing it. It could have been another tactic in use by those stores, and I could be confusing what they did with masking, but it is still best to clear it with Zazzle first to ensure no rule is being broken.
mamaloshen
Posted: Friday, June 08, 2012 12:49:02 PM

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Posts: 13
No worries, I wont buy another domain Smile Smile
MP is not the problem- it is apparently a private individual in Georgia.
She has no web presence but is apparently about to launch something- using the name mama lushin-.
I don't know how she found me as she contacted me from an e- mail other than that on my zazzle site.

I don't want to get into a fight with her, and i don't want this jeopardise my illustration work, or my employment, so i am just going to give in ...
Is there a way to move things form one shop to another?

Again, thanks for the help!
Gina Lee Manley
Posted: Friday, June 08, 2012 1:02:35 PM
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mamaloshen wrote:

She has no web presence but is apparently about to launch something- using the name mama lushin-.



Wait... She wants to use Mama Lushin and is telling you to stop using Mamaloshen? She hasn't "launched" yet, with a name different from yours, and is giving you demands and threatening to sue? Don't give in to her. Do what you need to do to find out if she even has a leg to stand on.

There is no simple way to move products from one store to another. The only way to do it is to customize each one, one at a time, and select the store name from the dropdown where you choose store category. That is a very tedious process if you have hundreds of products.

Editing To Ask:

I'm curious about how she contacted you without going through your Zazzle store. Do you have an email posted publicly anywhere? Are you sure this person is who she claims to be (IE: female from Georgia)? Have you checked the properties of the email to see what info can be gleaned from that? Could this just be someone (competitor, enemy, etc) wanting to scare you into shutting down? I'm just asking because it would seem to me that she would have contacted you using Zazzle's mail system.
Steve Crompton
Posted: Friday, June 08, 2012 1:13:30 PM
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I'm no legal expert, but I think the complainant really doesn't have any right to demand any such thing from you, and if this were to come to court they would probably be laughed out of the place.
I really think this is just someone "trying it on", perhaps you could ask them for some more information before giving yourself a whole lot of unnecessary work - something is definitely not right about this.

Steve.

EDIT: I've just seen Gina's edit,and she is underlining what I'm trying to say very nicely.
Gina Lee Manley
Posted: Friday, June 08, 2012 1:17:19 PM
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Steve Crompton wrote:
something is definitely not right about this.

Steve.


Agreed

Steve Crompton wrote:
EDIT: I've just seen Gina's edit,and she is underlining what I'm trying to say very nicely.


awww shucks! Thanks! Smile
Gothic Toggs
Posted: Friday, June 08, 2012 1:19:56 PM
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mamaloshen wrote:
No worries, I wont buy another domain Smile Smile
MP is not the problem- it is apparently a private individual in Georgia.
She has no web presence but is apparently about to launch something- using the name mama lushin-.
I don't know how she found me as she contacted me from an e- mail other than that on my zazzle site.

I don't want to get into a fight with her, and i don't want this jeopardise my illustration work, or my employment, so i am just going to give in ...
Is there a way to move things form one shop to another?

Again, thanks for the help!


If she doesn't have a legal trademark or any company presence, yet, she is steamrolling you to do away with the competition before she even gets started. Ask for her trademark no. and filing date. If she can't give you one, she doesn't have a leg to stand on.
QuipsNQuotes
Posted: Friday, June 08, 2012 11:23:38 PM
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You can't copyright a name. If she said that she lied.
You can trademark a name by using it. Is she using it now?
You can register with intent to use. Has she done that?
Research trademark before giving in. Don't allow people to be bullies. It just makes it harder for everyone.
Flutterbi
Posted: Saturday, June 09, 2012 2:45:18 AM
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mamaloshen wrote:
Thanks so much , Gina!
Mama loshen is yiddish for "mother tounge" so its bound to appear in many places.
One particular person, however , it turns out, actually copy--wrote the name. She has told me i must not use mamaloshen or she would sue me... grrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
I guess I will have to redo my entire store to have a new URL..


thanks for the help!Roses Roses


I can't see how she can claim copyright to the word, it is like saying you own the word Mother or Father.

I would look into this before giving in to her demands. She can't be that popular I cannot even find anything about her on a google search. Ask her to prove it first, anyone can say they own the copyright without proof. Good Luck Roses
mamaloshen
Posted: Saturday, June 09, 2012 8:04:12 AM

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Joined: 5/2/2012
Posts: 13
Here is her letter..
Quote:
My name is ******,I just discovered you, and your website, MAMELOSHEN.
I am writing to you in good faith and with the intention to inform you, and to resolve this issue without
having to have my Intellectual Property Attorney get involved----


Great minds think alike....and yes, we both have a great love for Yiddish! However, for the last couple of years
I have spent tens of thousands of hours,dollars, skills and know how to develop and Trademark my brand,
MamaLushin . I'm also getting ready to roll out the brand with many licensees in many markets within this year.
Additionally, your use of my trademarked name could cause a confusing and deceptive message in the future launch of

the brand, and could cause potential damage.
I also think that you, of course, didn't realize that this name was registered with the USPTO.....an oversight...
Because of this, your continued use in any form whatsoever, contitutes an infringement of my mark and all the protection that it is afforded.


In these circumstances, I respectfully, and as a fellow artist/writer, request that you immediately:


1. cease all use of the trademark Mameloshen
2. deliver-up for destruction all material to which Mameloshen confusingly has been applied;
3.withdraw, cancel and or delete any corporate names, domain names, trademark applications and/or trademark registrations for or including the Mameloshen trademark;
4. undertake, in writing, never in the future to make use of the Mameloshen trademark without prior written authority from us, within any corporate name, trading name, trading style, domain name or otherwise.


I will look forward to hear back from you no later than prior to this Friday, June 8, 2012.


This is written in good faith, without prejudice to our rights, all of which are expressly reserved.


What worries me the most is that if she googles my name, she can see where i work, contact my employer quite easily and make trouble for me there...
mamaloshen
Posted: Saturday, June 09, 2012 8:18:46 AM

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uuuuf.
my good freind is a lawyer... she sent me the following link about trademark registration.
http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm

She thinks i should change it...
Steve Crompton
Posted: Saturday, June 09, 2012 8:49:15 AM
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It's a great shame that words which are in common use, like your example, can be trademarked at all. I really feel for you.

Steve.
Maz
Posted: Saturday, June 09, 2012 9:07:19 AM
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Mama Lushin is trademarked. mamaloshen is not. mama loshen is not. I checked on the United States Patent and Trademark Office website. You can search for trademarks there.

Code:
http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4006:p0rgfo.1.1


Tell your lawyer friend this, and see if it makes a difference.

It looks to me like she doesn't understand trademarks herself, especially if she is calling it a copyright, when it's something entirely different. Her trademarked name is not the same name as your store name.



Quote:
Mark Image
Word Mark MAMA LUSHIN : PART CHICKEN SOUP , PART ATTITUDE, TOTALLY DELICIOUS!
Goods and Services IC 016. US 002 005 022 023 029 037 038 050. G & S: Adhesive note paper; Announcement cards; Art paper; Bibs of paper; Binding materials for books and papers; Blank or partially printed paper labels; Blank paper notebooks; Bond paper; Book-cover paper; Bottle wrappers of cardboard or paper; Boxes of cardboard or paper; Boxes of paper; Boxes of paper or cardboard; Business card paper; Calendar-finished paper; Calligraphy paper; Carrying cases made of paper; Cellophane paper; Children's arts and crafts paper kits; Coasters made of paper; Collapsible boxes of paper; Collectible paper money; Construction paper; Containers for storage or transport made of paper or cardboard; Copier paper; Copying paper; Craft paper; Decorative paper bows for wrapping; Decorative paper centerpieces; Digital printing paper; Directory paper; Drawing paper; Duplicating paper; Embroidery design patterns; Envelope paper; Envelope papers; Face towels of paper; Facsimile transmission paper; Fiber paper; File drawer pocket made of various fabrics for holding files and papers that slides onto the front of a cabinet or drawer via an integrated pocket; Filing folders, paper labels and printed instructional materials for organizing personal files; Filler paper; Filter paper; Free-standing and wall-mounted paper and cardboard boxes for depositing a written message or prayer wishing a loved one well, for use in hospitals, elder care residences, schools, and institutions for children with special needs; Gift wrap paper; Gift wrapping paper; Gift-wrapping paper; Graph paper; Grocery paper; Gummed paper; Halloween goodie bags of paper or plastic; Hand towels of paper; Handkerchiefs of paper; Handpainted paper wine bottle labels; Hat boxes of paper; Heat sensitive paper. Heat transfer paper; Illustration paper; Insulated shipping containers for transporting frozen materials made of paper or cardboard; Japanese handicraft paper; Kraft paper; Label paper; Laser print paper; Laser printing paper; Letterhead paper; Lining paper; Loose leaf paper; Luminous paper; Magnetic paper; Metallic gift wrapping paper; Metallic paper party decorations; Napkin paper; Note paper; Note papers; Notebook paper; Office paper stationery; Offset paper; Opaque paper; Packaging and containers comprised of starch-based materials in the nature of a paper substitute for food, beverages and consumer products; Packaging containers of paper; Packing paper; Paper; Paper and cardboard; Paper baby bibs; Paper badges; Paper bags; Paper bags and sacks; Paper bags for packaging; Paper banners; Paper bows for gift wrap; Paper boxes; Paper boxes for storing greeting cards; Paper cake decorations; Paper carton sealing tape; Paper clip holders; Paper clips; Paper closures for containers; Paper containers; Paper cutters; Paper decorative garlands for parties; Paper die cut shapes; Paper display boxes; Paper doilies; Paper emblems; Paper embossers; Paper envelopes for packaging; Paper expanding files; Paper fasteners; Paper file jackets; Paper floor mats; Paper flower pot covers; Paper folders; Paper for bags and sacks; Paper for wrapping and packaging; Paper gift bags; Paper gift bags for wine; Paper gift tags; Paper gift wrap; Paper gift wrap bows; Paper gift wrapping ribbons; Paper hand-towels; Paper handkerchiefs; Paper handtowels; Paper hang tags; Paper identification tags; Paper labels; Paper lace; Paper mail pouches; Paper mats; Paper name badges; Paper napkins; Paper note tablets; Paper notebooks; Paper party bags. Paper party decorations; Paper party favors; Paper place mats; Paper pouches for packaging; Paper report covers; Paper ribbons; Paper sheets for note taking; Paper shopping bags; Paper sign holders; Paper stationery; Paper stationery with inspirational messages imprinted thereon; Paper table cloths; Paper table linens; Paper tablecloths; Paper tags; Paper take-out cartons for food; Paper tape; Paper towels; Paper wine gift bags; Papers for use in the graphic arts industry; Party goodie bags of paper or plastic; Party ornaments of paper; Personalized paper place mats; Picture mounts of paper; Placards of paper or cardboard; Place mats of paper; Plastic or paper bags for household use; Plastic or paper bags for merchandise packaging; Postcard paper; Posters made of paper; Printed paper labels; Printing paper; Printing papers; Protective covers for sheets or paper and pages of books and the like; Recycled paper; Ruled paper; School supply kits containing various combinations of selected school supplies, namely, writing instruments, pens, pencils, mechanical pencils, erasers, markers, crayons, highlighter pens, folders, notebooks, paper, protractors, paper clips, pencil sharpeners, writing grips, glue and book marks; Specialty papers, namely, vegetable parchment, for use in food wrapping, preparation, processing and packaging applications; Stationery writing paper and envelopes; Stencil paper; Storage containers made of paper; Table cloths of paper; Table linens of paper; Table mats of paper; Tissue paper; Toilet paper; Unprinted paper; Waterproof paper
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77895305
Filing Date December 17, 2009
Current Basis 1B
Original Filing Basis 1B
Published for Opposition March 9, 2010
Owner (APPLICANT) ANKER, MARLA A. INDIVIDUAL UNITED STATES 5204 Brooke Ridge Drive Atlanta GEORGIA 30338
Type of Mark TRADEMARK
Register PRINCIPAL
Other Data The name "MAMA LUSHIN" does not identify a living individual.
Live/Dead Indicator LI
ruralfrance
Posted: Saturday, June 09, 2012 9:33:06 AM
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She hasn't trademarked your exact name. Time for you to nip in and trademark it? It depends how much it means to you.
Me personally, I would reply to that effect, that she's trademarked "xxxxx' but not "xxxxx" (your name) and see what she replies. I'm sure the longer you drag it out the less likely she is to pursue it.
Don't take that as advice though! I'm arsy enough to contest it and say "bring it on", but that's not for everyone!
QuipsNQuotes
Posted: Saturday, June 09, 2012 10:32:25 AM
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mamaloshen wrote:
uuuuf.
my good freind is a lawyer... she sent me the following link about trademark registration.
http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm

She thinks i should change it...
At least presumably she knows what the law on trademark is. Most people here don't. She never called it copyright. Her letter is credible. Confusingly similar is enough. It doesn't have to be the exact words. If it were me, I'd probably argue the point. It would cost me far more than it is worth. The mark is not registered. Intent to use is posted but no date of first use shown. http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77895305
mamaloshen
Posted: Saturday, June 09, 2012 10:37:58 AM

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Posts: 13
Guys thank you so much for all of your help.
I wonder if this trademark applies to someone who doesnt live in the United States? I live in Jerusalem...
QuipsNQuotes
Posted: Saturday, June 09, 2012 10:45:22 AM
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mamaloshen wrote:
Guys thank you so much for all of your help.
I wonder if this trademark applies to someone who doesnt live in the United States? I live in Jerusalem...
It applies because Zazzle is in the United States. Zazzle will pull it. They don't want to be in the middle of a fight.
mamaloshen
Posted: Saturday, June 09, 2012 11:28:37 AM

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Joined: 5/2/2012
Posts: 13
quips, exactly .. which is why i changed the name but but still cannot change the URL..
mousearte
Posted: Saturday, June 09, 2012 11:39:01 AM
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Joined: 3/20/2007
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Another SK had the same problem about a year ago and Zazzle worked with her to change the URL. Have you tried contacting support and explaining the situation, they may be able to help.
Gina Lee Manley
Posted: Saturday, June 09, 2012 12:26:01 PM
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Location: Greenville, SC
mamaloshen wrote:
which is why i changed the name but but still cannot change the URL..


You haven't changed the name. You changed the spelling of mamaloshen in the storefront text but clicking your name here in the forums still brings up a page entitled Hartsenyu, which is what you have named your store. If you are really wanting to change your store name you need to go to Store>Mamaloshen>Manage>Settings and look for the box that says Store Title.

You can't change your URL. The URL is the name you choose when opening a store and you chose Mamaloshen. If you want that changed all you can do is what mousearte said and contact Zazzle. If you don't want to go through that, then just set the store, and the products in it, to private (the store, and products, will then not appear to anyone) and then just open a new store via Store>Open New Store and then go to the products that you created in the Mamaloshen name, customize them, and choose the new store from the store category dropdown.

Just a reminder: Store and products each have to be set to private (private for store and hidden for products) as just setting the store to private will not hide products and vice versa.
mamaloshen
Posted: Saturday, June 09, 2012 12:40:41 PM

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Joined: 5/2/2012
Posts: 13
hi Gina- I did manage to change my store title , in th eseting page, and the new name is "Hartsenu".. Mamaloshen is the old name and apparently shows up because it is my URL..
Mousearte- thanks! I did write to zazzle and request a URL change.. I hope they get back to me soon.
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