Got My Yankmee Cease & Desist Letter

[eugenia]

In today's mail. "The purpose of this letter is to advise you of your infringing acts and to request that you promptly cease and desist from the use of the name "Tarts" or any colourable variation thereof in connection with fragrant wax for use in potpourri burners." Blah Blah Blah.

Here is the Q for you. If they trademarked "tarts" what is with the "any colourable variation thereof"? Can I not use "tartz" or "tartlettes" or something of that nature? I know some of you must have gotten this. What did you do?

e

[sockmonkey]

Well, I'm impressed that they know you exist! I wonder how they tracked you down.

Need any suggestions for what to call them now?

[Trish]

The way I've understood it, you can't use a word that is even close to the word they trademarked.

Doing some research right now, I'm curious on the answer.

Also wondering, how they found you? Do you have a website? I know, I'm being nosy!

[MommaD]

Please, please don't believe that letter. I visited another board a while back, cannot remember whose it was, and they were ALL getting that letter. One of them took it to their attorney, and I am pretty sure it was nothing. I wish I could remember the name of that board. Dang it. It was one of those ones that doesn't have forums, just posts.

[theresa t]

Don't know if this is good enough to use or not but when I refer to my tarts I use the term "scented wax melties" or "melters". I'm not sure if this would "infringe" on Yankme or not but until they tell me to stop using this I will continue to use it. I'm just a real small speck in this business with a website so doubt they would have any interest in me but, just a suggestion as to what you might be able to get away with. On my site I refer to my tarts as "Lil Lingering melties" or "melters".....wonder if I should get a trademark on that?! lol I don't care really if someone else uses it but it just goes with the name of my website so I use this. I'm not trying to get rich off of this business, it is more of a side income than anything else and with the competition out there it is probably good that I am happy with the few sales here and there that I get!

Theresa

[Tess]

I think they are trying to bully the small buisness. I used to use tarts, but now that I use clamshells, they don't really look like tarts. Yes you could use a variation, such as tartz.

[topofmurrayhill]

How exciting! Congratulations!

So fun that you got a C&D from Yankme.

Now you have to call them something else or find out if they're prepared to sue you. I guess tartlettes probably won't fly. I LOVE tartz but that won't fly either.

You can still call them wax potpourri like Yankme does.

[joyofsoycandle]

When I had a website in the past, I called my votives that had whipped toppings and little chocolate chips on the top..Chocolate kiss votives. Because they were scented in the scent Hersheys chocolate. Well, i got a letter saying I needed to change the name lol. Hehe. I cant believe lil ole me was something for them to worry about LOL.

[Kaybee23]

That sounds strange. Hundreds of people make them and call them tarts or similar, are they going to go after everyone and sue them? I wouldn't think they could afford it, especially since their sales have declined this year. Sounds like the wax dipped bear thing all over again. Sheesh.:rolleyes2

[Bev]

I sometimes find it almost laughable that a common word such as "tart" can be trademarked. What next, the bakery can't use the word "cookie" because Nestle Tollhouse uses it? I call my tarts Fragrant Wax Melts. Don't know if anyone has a trademark on the words "wax" or "melts" yet. Guess I'll just take my chances.

[BruceCarvesWax]

Hey, if you can call a scent Cool Water "type" can you call a tart : tart type"

LOL

Hummmm

Tart

"type"

[Beth-VT]

Well, YC has had 'tart' trademarked since 1991, so I don't think any of us can complain about not being able to use it. Like it or not, this is the purpose of trademarking. Back then, it was probably a novel term (in this application ayway) and they wanted to protect it. Tart has become a sort of generic term but that doesn't mean everyone should have the right to use it.

I'm sure E's letter is genuine, and they will follow up on it. I personally think it's bad advice to 'ignore' a C&D from a company like YC. The bear situation, although a certified patent, IMO is a different situation....there seems to be a genuine question as to the validity of the idea and who should have received a patent, if anyone, but unfortunately someone will have to fork out some big $$ to fight that one. I don' think there's any question about the 'tart' trademark.

You can't tell me that if you (meaning anyone here) came up with a novel term for something you produce and gain a trademark, and 10 years from now when that product is common place (and you're rich, heh heh) that you wouldn't try and protect that trademark. JMO.

[sharyl55]

Guess you should feel honored that they know who you are. You could do what the owner of Bully Hill vineyard did. He was a Taylor and had his name on his label. After the family sold Taylor Wines to Coco Cola, Coke sued him saying they now owned the Taylor name. He had his employees mark out his name on all his labels with black magic markers. It was so popular with his customers he had all his new labels printed with a black mark where his name had been. By the way, Bully Hill had some great wines with fantastic names. One of my favorites was Old Goat. You could use Highly Scented #####. :rolleyes2 Maybe start a new trend.

[Scented]

Actually trademarking was highly suggested by one presenter at the Chicago conference. With Beth on this. Heck just make a new word for these altogether lol! And to Bruce, LMAO!

[mizbizzyb]

Like others said...I think it's great that you are able to be reconized. I like the Fragrant Wax Melts. Maybe you can use this to be safe.

[Sarah]

well, i have to disagree with whoever said to not take it seriously. simply because a few years ago i made clothes and had a little website for them - i didn't even have pictures up yet, it was just something i did on the side, and did very little actual business with it... still, i received a letter from a big clothing comany saying that my name was confusingly similar (not the same) to one of their many LINES and that i needed to stop using it. i made handmade stuff, - absolutely NOTHING like what they sold. i am obviously a big threat here. anyways :rolleyes2 they won, got my domain and that's it, but still, it's the fact that they even went after someone like me. big companies pay people to just sit on their asses looking at the internet all day, just hunting for people who come even close to their trademarks.

i think it is all a big freaking joke if you ask me, lol.

[RobinInOR]

Well, at least they sent you a real letter instead of threatening via email, like som companies do :rolleyes2 I'd take it seriously and not use the word tart. After all, we talk about trademarking names for our business - how would we feel if someone ignored it just cuz they didn't agree with it?

I do agree there are trademarks out there that shouldn't be, don't get me wrong. And that YC can throw around it's weight. But even confusing variations on the same word can be covered under the trademark.

[debscent]

E-

I would not ignore it either. You have been sent the initial letter asking to C & D. You do not want this to get any bigger and accumulate legal fees. Big companies have large law firms at their disposal and will bury small businesses in legal fees. I would try hard to find another word that didn't even sound like tart. You are a creative woman (as we see in your candles). Way to go on being recognized as "competetion."

Good luck!

[eugenia]

E-

I would not ignore it either. You have been sent the initial letter asking to C & D. You do not want this to get any bigger and accumulate legal fees.

Changed it last night to melts. Thanks for all the advice.

e

[Bev]

I agree not to ignore it. I work for a major law firm in St. Louis and believe me, these large companies have powerful attorneys who are paid big bucks. Yankme can afford to go after you much more than you can afford to defend yourself. I personally find the whole idea of trademarking a word kind of ludicrous, but needless to say, Yankme did manage to get the trademark on it so, unfortunately, we can't use it. Unless trademark, copyright and patent rules ever change, we have to abide by them just as we have to abide by many other ridiculous rules and laws that we may not agree with.

[Peggy]

we have to abide by them just as we have to abide by many other ridiculous rules and laws that we may not agree with.

And on that note, please do not sing in the shower in Philadelphia as it is against the law.:rolleyes2

I agrea, we must abide by the rules, that is how you play the game farily.

[topofmurrayhill]

Unless trademark, copyright and patent rules ever change, we have to abide by them just as we have to abide by many other ridiculous rules and laws that we may not agree with.

Why do you think it's ridiculous? I think it's good that one's business can be protected against unfair competition and what would essentially be identity theft. I can't offhand envision how the law could be improved.

Yankme was the first to use that mark in commerce for wax potpourri and they have a legitimate claim, just as you would if you used it and registered it first. The problem is not that small chandlers don't have the money to defend themselves, but that they would lose because they're infringing on the mark.

Now as a small chandler you could point out that you are doing Yankme little harm by infriging and that may be true, but it would be foolish of them not to send that C&D and be prepared to sue you. There are various reasons, but the most pertinent is that an undefended trademark loses its legitimacy. If they let hundreds of small companies infringe on the mark without lifting a finger, then a BIG company would be able to do the same thing.

Those of you who are asking how one can trademark a simple word like "tart" are missing the point. It doesn't matter if the mark is one word or a phrase or how ordinary the words are. We're not talking about trademarking the name of a pastry, but the name of a scented wax product. That's a totally unique use of the word, and I think a much much stronger trademark than some of the scent names.

[Meridith]

I call mine "natural soy wax melties." Works for me and no complaints - that is so far!!!

[Bev]

Now as a small chandler you could point out that you are doing Yankme little harm by infriging and that may be true, but it would be foolish of them not to send that C&D and be prepared to sue you. There are various reasons, but the most pertinent is that an undefended trademark loses its legitimacy. If they let hundreds of small companies infringe on the mark without lifting a finger, then a BIG company would be able to do the same thing.

Those of you who are asking how one can trademark a simple word like "tart" are missing the point. It doesn't matter if the mark is one word or a phrase or how ordinary the words are. We're not talking about trademarking the name of a pastry, but the name of a scented wax product. That's a totally unique use of the word, and I think a much much stronger trademark than some of the scent names.

This is what I love about this forum. I am always given a lot of "food for thought." This is why I come back here again and again and again. Before I venture out and try to become a real "business," I need learn ... and then learn again and again and again. I am always grateful for what I glean from this website. Thank you.

[Tess]

This is what I love about this forum. I am always given a lot of "food for thought." This is why I come back here again and again and again. Before I venture out and try to become a real "business," I need learn ... and then learn again and again and again. I am always grateful for what I glean from this website. Thank you.

I think I will trademark the name "Candles" and not let Yankmee, and others use it. Or I could trademark "wax" Geesh as generic as some of their terms are I do not see why not.