Use of a Trademark word as the title of your product

Hey CM Community!

I sell a template called ‘Ladypreneur Logo Kit’. I’ve seen hundreds of products with the term ‘Ladypreneur’ as it’s a perfect title name for your product, right?

So I’ve had a business owner message me with a ‘cease and desist’ letter of the illegal use of her trademarked business name ‘Ladypreneur’.

Of course, I will be happy to respect her wishes and change the name, however, there are HUNDREDS of digital products with that term and she would have to send hundreds of cease and desist letters to those shop owners.

I do however believe that using ‘Ladypreneur’ in your digital product title shouldn’t be illegal. I’m not too clued up about the legalities of this issue.

So what’s your take? Have any of you experienced anything like this?

I’d appreciate any help!

Thanks,
Shan x

Hi @wilderiverstudio - I’m not sure if the legalities on this but you can do a trademark search here: https://tmsearch.uspto.gov/ (you may have already done this).

I did see one live trademark for that name but not sure if that’s the person asking you to stop using it. If it is, perhaps you could alter the name without changing it completely (ie; Lady-Preneur, LadiPreneur, etc) or if it’s not worth it to you, just change it completely.

Or, you could ask an attorney for advice.

Good luck!

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I would definitely check if they are the trademark owner. You can look this info up like Sofydoll_Designs explained. For copyright you can always reply with a copyright counter notice if it’s for a copyright infringement. They would then have to take you to court to do anything further which is unlikely. However, thats with a copyright issues. I have no idea what you would do about a trademark infringement. Maybe something similar?? Online research can only take you so far so contact an attorney if using Ladypreneur is important enough for selling your products.

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