Callie Beller Diesel Posted August 27, 2021 Report Share Posted August 27, 2021 A friend of mine is having a rough day today, and wanted me to pass on some information that might not be as widely known as it ought to be. She sells a round, dome style butter dish as part of her regular offerings on Etsy. This morning she was given a trademark infringement notice and had the listing pulled because she had tagged it as a butter bell. A little research turned up that the name “Butter Bell” is trademarked, and if I’m reading things right, has been since the late 90’s. It got renewed in the last couple of years. They even sued Paula Deen in 2010 for intellectual property infringement when both entities were selling on QVC. It’s a trademark name, not a patent, so it doesn’t appear to apply to a specific form, although Butter Bell sells what I would have called a French butter dish under that name. The upside down kind you’re supposed to put the water in. The ads in my browser for this search showed similar forms from assorted retailers and Etsy, but all called “butter keepers” or some other name. So if anyone has similar listing names or tags on websites or online marketplaces, you might want to edit your names to save yourself this hassle. This company is obviously willing to use a lawyer. Any of us selling in person might want to educate our customers on the names if there’s the opportunity, because I’m sure lots of people are using butter bell as a search term online. Roberta12, Pyewackette, Rae Reich and 4 others 7 Quote Link to comment Share on other sites More sharing options...
Mark C. Posted August 28, 2021 Report Share Posted August 28, 2021 French butterdish is what I call them-no lawyers yet after 40 years. But wait there is still time for them to line up out front. Well they have to see them at a show or a shop. No online sales for me. Pres, blackthorn and Callie Beller Diesel 3 Quote Link to comment Share on other sites More sharing options...
Callie Beller Diesel Posted August 29, 2021 Author Report Share Posted August 29, 2021 It really is only an advisory for those selling online, or naming them on a website gallery. Tracking you down in person is…unlikely. Quote Link to comment Share on other sites More sharing options...
Babs Posted August 29, 2021 Report Share Posted August 29, 2021 Scared folk...they are laying claim on someone else's thoughts, poor things. Callie Beller Diesel 1 Quote Link to comment Share on other sites More sharing options...
Piedmont Pottery Posted October 6, 2021 Report Share Posted October 6, 2021 I got the same cease and desist letter from the trademark holders. I call them French butter dishes now on the website. I think it's a bit ridiculous that a company can trademark a name that's been in common usage for a long long time, but such is the world we find ourselves in. It would appear that they have someone on staff whose job it is to scour the web for trademark infringers. Interestingly, while on a tour through the Rhine region of Germany a few years back, I spotted a local pottery shop and of course had to stop in and meet the potter and look at her work. In her shop they were called Swiss butter bells. Callie Beller Diesel, Roberta12 and Min 3 Quote Link to comment Share on other sites More sharing options...
Mark C. Posted October 7, 2021 Report Share Posted October 7, 2021 sold over 20 of the french butterdishes past weekend at show -no issues-sign says French Butterdishes. they sell well in hot climates like the desert Callie Beller Diesel 1 Quote Link to comment Share on other sites More sharing options...
Callie Beller Diesel Posted October 8, 2021 Author Report Share Posted October 8, 2021 On 10/6/2021 at 9:23 AM, Piedmont Pottery said: It would appear that they have someone on staff whose job it is to scour the web for trademark infringers. Definitely. The friend I referred to is an in-person friend in my city, not an online one in the US. Quote Link to comment Share on other sites More sharing options...
Pyewackette Posted April 19, 2022 Report Share Posted April 19, 2022 Butter Butler? Maybe with some creative sculpting or glaze work? Now don't go and trademark that! Quote Link to comment Share on other sites More sharing options...
Tami Ann Posted June 20, 2023 Report Share Posted June 20, 2023 Question..... what about using the keyword? If it is trademarked, are you still able to use that to direct traffic to your product or is that also considered infringement? Quote Link to comment Share on other sites More sharing options...
Hulk Posted June 20, 2023 Report Share Posted June 20, 2023 Hi Tami Ann, Welcome to the Forum! That's a good question. ...I've just done some reading on returns from "registered trademark use in keywords" search; the consensus is to avoid use of trademarked material in one's website. From there, consult with a trademark lawyer. Quote Link to comment Share on other sites More sharing options...
Callie Beller Diesel Posted June 21, 2023 Author Report Share Posted June 21, 2023 @Tami Ann using the keywords was how my friend got flagged on Etsy. The practice at the time was to keyword stuff the title, so she was using all the possible names for a butter dish. Remember, hers was a dome style, not even a French butter dish. I suspect someone just did a keyword search for the copyrighted term and send a cease and desist to everyone using it that wasn’t them. Quote Link to comment Share on other sites More sharing options...
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