Pink label no longer available? Pink involved in brand infringement!

I wonder how many Amazon employees still remember the smiley face infringement incident some time ago.

It is the famous smiley face emoticon package. Smiley was originally designed in 1971 and was mainly used to decorate various items. After this pattern became popular, it was applied to various commodities and scenes, becoming the originator of the smiley face emoticon package.

Just this July, Smiley Company launched a rights protection campaign to recycle Smiley labels and complained to a large number of sellers. Because of the huge influence of its IP, thousands of sellers were affected. Countless sellers fell into this huge pit.

For a time, infringement complaints from big IPs became a nightmare for Amazon sellers - eating hot pot and singing songs, and suddenly being robbed by bandits, don’t you think it’s unfair?

I never thought that not long after the smiley face incident, another large-scale infringement complaint occurred in the past two days: Pink entries also began to involve infringement.

Is the Pink label infringing your rights? Then how will the color pink be represented in the future?

"I heard that there are links to pink recently."

"Every color has been registered, no one should use words related to colors anymore (covering face)."

"Aren't Valentine's Day and Chinese Valentine's Day all pink?"

"If you can successfully register a color word, doesn't that mean you can just wait to get paid?"

Why can pink be registered as a brand? Isn't this just a private lock on a public bus? But if the name is a celebrity, it will be much easier to register a trademark.

Pink is the name of a famous American female singer. The plaintiff, Ceremony of Roses Acquisition LLC, is engaged in the business of manufacturing, distributing and selling all kinds of merchandise . All kinds of merchandise sold and distributed at concerts and retail stores of music performers, including but not limited to tour books, T-shirts, hats, buttons and posters.

The plaintiff's lawsuit letter describes 100 defendant sellers, and the trademark being defended is the registered trademark PINK (Class 9 and Class 41) of the singer "Pink Sister" (Alecia Beth Moore Hart). In addition to being a singer, Pink Sister is also a songwriter and actor. As of October 2009, she has sold 30 million records worldwide. From July 31 to August 1, Pink Sister PINK will hold a concert at Fenway Park in the state where the case is filed.

At present, the plaintiff has applied to the court for a TRO injunction, and the freeze is expected to begin as early as next week. If there are sellers involved in this label, they should check their labels as soon as possible and handle them properly to avoid having their stores suspended.

However, if Pink involves infringement, then how should pink be represented in the future? Can pink products no longer be labeled? In order to find joy in adversity, Amazon employees began to show their magical powers.

Some people suggested synonym replacement. Since pink is not allowed, then use something with similar meaning: Blush, rose-tinted, ruddy... But these terms are so obscure, will buyers really get them if they are posted?

Some people also say that it is case-sensitive, and the trademark PINK is written as Pink, piNk, P! nk... and so on. Is there something weird mixed in?

However, trademarks are not case-sensitive, so no matter how you change them, it will be in vain and the defendant will still be sued.

Someone else had an idea: Will I get caught if I write it as PinkPink?

answer:

The question is, what should we do when we encounter such a thing?

Regarding the Pink incident, as a term with a wide range of uses, the infringement of "Pink" does not involve all categories, but is specifically prohibited in the term. The plaintiff's business owner sells and distributes various types of goods at music performers' concerts and retail stores, including but not limited to tour books, T-shirts, hats, buttons and posters. Therefore, it cannot be used in the 9 categories and 41 categories that this brand mainly involves. In other categories, the term pink does not involve infringement issues.

In other words, if it is not in category 9 or 41, there is no problem. If it is in the category, the entry needs to be removed or modified.

Amazon has always been very strict on infringements. Once brand copyright issues are involved, it is likely to lead to link removal, store closure, or even prosecution.

Patent infringement is divided into three types: patent infringement, copyright infringement, image infringement, and trademark infringement.

Sometimes big brands or big IPs will sue for infringement in batches, which often knock down a large number of unsuspecting sellers. When innocent sellers experience invalid links or even store closures, they will find out that some big shot has just launched a "rights protection" campaign.

Paying attention to infringement issues has become the top priority. Only by keeping abreast of the latest public opinion on Amazon and following the trend of the times can we make steady progress, grow steadily, and have smooth sailing. Often, information bias becomes the key to widening the gap between sellers.

It is particularly important at this time to join a relevant message group that shares important information every day.

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