When Sam Joseph Karam received an email from the online retailer Etsy notifying him that 11 of his T-shirt designs featuring the term “bruh” had been removed due to a trademark violation, he immediately grew suspicious. Karam, the owner of U.S.-based apparel company Customized Designs, expressed surprise at the mass removal of listings, which triggered a decline in his sales after his Star Seller badge was revoked by Etsy.
The email from Etsy indicated that Malik Yawar Abbas, the holder of a Canadian trademark for “bruh,” had reported Karam’s shirts. Karam, among several Etsy sellers, shared with CBC News that their listings were taken down following complaints from Abbas.
Karam accused Abbas of trademark squatting, suggesting that Abbas aimed to profit by licensing the term rather than producing goods himself. Legal experts suggest that platforms and the legal system must improve efforts to prevent such trademark exploitation.
The Canadian Intellectual Property Office (CIPO) granted a trademark for “bruh” in connection with clothing sales and another for advertising restaurant services to Abbas. The CIPO did not provide specific details but mentioned that each trademark application is evaluated individually.
Following the removal of his listings, Karam discovered Abbas’s website, showcasing the protection of the “bruh” trademark and encouraging others to obtain licenses for its use. The website features mock-ups of clothing and products using the term “bruh” for potential commercial purposes.
Abbas demanded $1,000 from Karam to retract his complaint against the Etsy listings, but Karam refused, citing what he believes to be a bad faith trademark issue. Abbas later withdrew his complaint to Etsy but Karam is already exploring legal avenues to challenge the trademark’s validity based on bad faith.
According to intellectual property law expert Carys Craig, under Canada’s trademark laws, trademarks filed in bad faith can be invalidated. Craig highlighted that while the law is relatively new and untested, the presentation of the “bruh” trademark on Abbas’s website and the takedown requests could potentially meet the bad faith standard.
Despite the controversy, trademark experts emphasize that trademark ownership does not equate to exclusive word ownership, and the context of use is crucial in determining infringement. Clancy and Craig highlighted the importance of appeal mechanisms for sellers facing trademark takedowns on platforms like Etsy.
Trademark disputes involving phrases like “bruh” underscore the need for tighter regulations and streamlined processes to address bad-faith trademarks and protect businesses from over-enforcement. Craig stressed the importance of balancing trademark protection with fair marketplace practices to prevent exploitation and ensure legal clarity.