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Joined: 12/3/2010
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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.
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Groups: ProSeller
Joined: 12/3/2008
Posts: 3,576
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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
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Groups: ProSeller
Joined: 12/16/2009
Posts: 4,100
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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!
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Groups: ProSeller
Joined: 4/24/2009
Posts: 239
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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
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Groups: Member
Joined: 5/2/2012
Posts: 13
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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...
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Groups: ProSeller
Joined: 4/24/2009
Posts: 239
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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.
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Groups: Member
Joined: 5/2/2012
Posts: 13
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quips, exactly .. which is why i changed the name but but still cannot change the URL..
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Groups: , ProSeller
Joined: 3/20/2007
Posts: 10,561
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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.
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Groups: ProSeller
Joined: 7/30/2007
Posts: 3,371
Location: Greenville, SC
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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.
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Groups: Member
Joined: 5/2/2012
Posts: 13
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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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Groups: ProSeller
Joined: 7/30/2007
Posts: 3,371
Location: Greenville, SC
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Hopefully they will help you out in this situation as it is beyond your control. Good luck!
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Groups: ProSeller
Joined: 5/30/2012
Posts: 32
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I would just reply to the first girl and tell her that you will comply with her requests but you are waiting for Zazzle to change the URL for you, and that right now it's out of your hands. Tell her that you DID change the name of your store and will no longer market your products under the Mamaloshen brand, but the actual URL is not under your control at this time.
That's really all you can do.
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Groups: Member
Joined: 5/2/2012
Posts: 13
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thanks all... Zazzle said they cannot change the URL. I deleted all of the products form the old store, and am making a new one... very slow going... maybe when its done you all can take a peek so i can make up for all of the page views reviews comments and likes i am loosing...  
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mamaloshen wrote:I deleted all of the products form the old store AAARGH!!...you could have customised them into your new store!! Steve.
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Joined: 9/24/2009
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Steve Crompton wrote:mamaloshen wrote:I deleted all of the products form the old store AAARGH!!...you could have customised them into your new store!! Steve. I'm surprised, too, Steve!  Someone had actually suggested they do that. Wow. :/
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Groups: ProSeller
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Yes DNW, it's a shame!
If you'd just hidden your Mamaloshen store, then the products would have still been available in the MP, when the new versions were safely in the new store you could then have set the originals to 'Direct only' so that any existing links to them would be preserved.
Steve.
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Groups: ProSeller
Joined: 3/8/2010
Posts: 1,802
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mamaloshen wrote: thanks all... Zazzle said they cannot change the URL. I deleted all of the products form the old store, and am making a new one... very slow going... maybe when its done you all can take a peek so i can make up for all of the page views reviews comments and likes i am loosing... Sure, just let us know when you're done and I'll take a peek and promote you on my facebook page 
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Groups: ProSeller
Joined: 9/24/2009
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Steve Crompton wrote:Yes DNW, it's a shame!
If you'd just hidden your Mamaloshen store, then the products would have still been available in the MP, when the new versions were safely in the new store you could then have set the originals to 'Direct only' so that any existing links to them would be preserved.
Steve. It sure is. My goodness. :/
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Groups: ProSeller
Joined: 7/30/2007
Posts: 3,371
Location: Greenville, SC
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dreamNwish_Photo_Art wrote:Steve Crompton wrote:mamaloshen wrote:I deleted all of the products form the old store AAARGH!!...you could have customised them into your new store!! Steve. I'm surprised, too, Steve! Someone had actually suggested they do that. Wow. :/ In one of my last posts I suggested she do that... It saddens me to know my suggestion went unheeded and she deleted everything and lost all her hard work, etc.
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Groups: ProSeller
Joined: 5/30/2012
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It's likely she was just overwhelmed and wanting to get it over with, and not remembering the comment you had made, or not understanding what that meant. When you're new here, things can be a little overwhelming and a lot might sail right over your head. She probably read what you wrote and didn't really understand it.
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