Upon receiving notification from Etsy that 11 of his T-shirt designs featuring the term “bruh” were removed due to a trademark violation, Sam Joseph Karam, the owner of Customized Designs, expressed skepticism. Karam, an apparel seller on platforms like Etsy, also lost his Star Seller badge, leading to a noticeable decline in sales. The removal was prompted by a complaint from Malik Yawar Abbas, the Canadian trademark holder for “bruh,” impacting several Etsy sellers.
Abbas, the trademark owner, is accused of “squatting” on the trademark to profit from licensing the term rather than creating products. Concerns have been raised about preventing such trademark misuse through platform and legal interventions.
The “bruh” trademark was issued by the Canadian Intellectual Property Office (CIPO) for clothing sales and restaurant services. Karam discovered Abbas’s website outlining trademark protection details and licensing options but not selling any products directly.
Following a dispute over the takedowns, Abbas requested $1,000 from Karam for withdrawing the complaint, which Karam refused, labeling the situation as trademark squatting. Abbas denied squatting allegations and eventually withdrew the complaint to Etsy.
Legal experts suggest that bad-faith trademarks can be challenged under Canadian law, with trademark misuse potentially leading to trademark invalidation. The case raises questions about trademark ownership and enforcement, particularly in the context of online marketplaces like Etsy.
Despite the complexities surrounding trademark use, experts emphasize the importance of fair trademark practices and the need for clearer guidelines to address trademark disputes effectively. The situation highlights the challenges faced by small businesses when navigating trademark issues in the digital marketplace.