Thursday, July 21, 2011

Trademark: A cease and desist! Long...

Many people who read this blog, read it not only because they love parties... but because they themselves have recently started a biz, or have the hopes to open one themselves.
Which is why I am choosing to share!

Creative people find inspiration everywhere... motivation may come from within, but seeing others succeed helps light that fire! We all start somewhere! We all dream.

I would like at this point to give a bit of advice... possibly something you did not know, something we surely didn't! Thoughts to consider when starting your own biz/dream!
{Maybe I should have gone to law school, or married an attorney!}

Party Box Design received a Cease and Desist.
Something we never thought, or even ever considered happening. 
Afterall, we are a tiny mom and pop shop... offering original designs... designs that can only be found here!
A place where your purchase matters.
No one else has our name, Party Box Design!

Sooooo WHY?!? W.H.Y... why?!?

Well, apparently if you have a company with a name even relatively close to someone else, they can for one send you a cease and desist and two, threaten a law suit. Especially if they are BIGGER then you! YUP... threatening phone calls, voicemails filled with demands... and of course that pretty c&d sent by certified mail!
All things that make a small biz owners tummy hurt!

It may not matter if you are a website, if you are a brick and mortar, or if you even sell different items! It may not matter if your site and logo look nothing like theirs. It may not matter if you are states apart.

Sooo... if you are thinking of starting a biz, it's not all sugar... there is also spice! You must be prepared, dot your i's and cross your t's. Not everyone is happy when you succeed. There are many bumps along the way. There is a major learning curve. There are so so so many things to consider, things we didn't know.

BUT... now YOU do!

This post is heart wrenching for me. This post breaks my heart.
This post makes me angry, frustrated and sad. A whirlwind of emotions.
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18 comments:

  1. oh my goodness, my heart aches for you. sending good thoughts your way.

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  2. Jess-I am so sorry that you are having to go though this. Just know that you have all of us in your corner. :)

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  3. Oh no! Everything will turn out right in the end. Good vibes being sent your way!

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  4. SOOO sorry Jess. Who could do this to you? Makes me so sad. Best wishes your way girl.

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  5. Jess, I'm so sorry you're having to go through this - it's not fair, plain & simple. But I know this: you are crazy talented and have a wonderful personality. You are driven and have loyal customers (and friends!) who believe in you and will continue to support you no matter your business name. Hugs my friend!

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  6. Oh my! I have been planning on starting a party decorations etsy shop and am calling the product party in a box....because it is a party in a box. Even though the store name is different maybe I better rename the product too! This is so scary. Hope it all works out and your originality and awesome stuff continues to shine and succeed!

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  7. I read another blog and she also had this happen to her. She is a cake decorator with a business name of Sprinkles and Swirlz. The real Sprinkles sent her a c&d. You may see what she did. I think she now goes by the Couture Cakery.

    Sorry that happened.

    I have been on the other side of this. I had a business named Flower Girls and my business domain was www.tulsaflowergirls.com. Anyway, someone else in town opened a business after ours named Flowergirls of Tulsa. You can imagine the confusion - my own mom couldn't keep it straight.

    We sent a c&d, but it was too much of a hassle and just dropped it.

    That is only meant as a ray of hope.

    Hang in there!

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  8. Jess,
    I am so sorry to hear about this. If you have to change your name and logo, I would like to design it for you for free. I know how hard you work and you deserve a break...this is just crazy. Email me. :)

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  9. This whole thing just makes me sick for all the hard work you have put into building your website and your business. I say go find a really good lawyer who can advise you on what to do next. Stand your ground as much as you can, and we as your loyal fans will be right here supporting you!!

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  10. thanks everyone... and lisa, wow that is just beyond!

    def a tough time for pbd and i appreciate you all taking a moment to share, it's really sweet!

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  11. So what happens next? What do you have to do?

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  12. That is terrible! They're just jealous because your stuff is SOOO cute! Keep your chin up!

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  13. just read about the c&d...I feel terrible for you. Hope it all works out in your favor!!

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  14. Just read this.... So sorry about all this, I am sure it will all work out!!! Thinking good thoughts!

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  15. OH NOOOOOOOOO! I love yor blog! I can't even think of a business that has a name similar to yours. I would have to Google it... so I can make sure never to have anything to do with them in my lifetime. You and your work are wonderful! Thank you for being enriching in our lives and I hope you get the chance to continue to do so!

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Thanks for leaving some sweet PBD love!