After receiving an email from popular online store Etsy informing him that 11 of his T-shirt designs featuring the slang term “bruh” had been removed due to a trademark violation, Sam Joseph Karam, the owner of U.S.-based apparel company Customized Designs, raised concerns. Karam, who sells clothing on various platforms including Etsy, also had his Star Seller badge revoked, leading to a noticeable drop in sales.
The email from Etsy stated that the removal was prompted by a report from Malik Yawar Abbas, the holder of a Canadian trademark for the term “bruh.” Karam and other Etsy sellers shared similar experiences with CBC News, revealing that their listings were taken down following complaints from Abbas.
Karam criticized Abbas, labeling him as a “trademark squatter” who aims to profit by licensing the term rather than creating products himself. Legal experts suggest that platforms and the legal system need to improve mechanisms to prevent the misuse of trademarks in such cases.
Abbas, the trademark holder, obtained the trademark for “bruh” in connection with selling clothing and for advertising restaurant services. He defended his actions, stating that his intent was to build a licensing brand rather than impede common use of the term.
In response to the takedown requests, Abbas proposed a settlement to Karam, demanding $1,000 in exchange for withdrawing his complaints. Karam refused, asserting that Abbas was engaging in bad faith practices.
Despite Abbas retracting the complaint after the designs were removed, Karam expressed dissatisfaction, considering legal action to challenge the trademark’s validity on grounds of bad faith. Under Canada’s trademark laws, trademarks filed in bad faith can be invalidated, but the extent of this provision’s application remains untested.
Experts point out that trademark registration does not automatically confer ownership of a word and that the context of its use matters. The controversy surrounding the “bruh” trademark highlights the need for clearer guidelines and processes to address trademark disputes, particularly in online marketplaces like Etsy.
In conclusion, the case underscores the challenges faced by small businesses and artists in navigating trademark issues in the digital age and the importance of striking a balance between protecting intellectual property rights and preventing abuse of the trademark system.
