Trademark question?
So a manufacturer sent me a video of a new toy. designed similarly to the ‘Pink Fong baby shark viral video’
I can see ‘Pink Fong Baby Shark’ is a UK registered trademark as is ‘Baby Shark doo doo’
I see a couple of trademarks for ‘Baby Shark’ have been withdrawn (presumably due to objection or being too generic?)
If I sell this toy and use Baby Shark in the title am I in breach of trademark even though the item is literally a Baby Shark?
0 replies
Seller_r7SzViEUCuDPM
Yes…no…maybe?
It matters not what this forum thinks, if you get hit with a counterfeit notice then you’re in trouble as you know.
Seller_0pkMTMROIPEmY
I can’t see that brand is Brand registered in any way on Amazon, with very few sellers offering products relating to the song, but the trademark is registered the song which went hugely viral was by PinkFong which is trademarked.
PINKFONG BABY SHARK is a trademark of Smart Study Co., Ltd… Filed in July 20 (2018)
BABY SHARK is a trademark of Smart Study Co., Ltd… Filed in January 31 (2018), the BABY SHARK covers Toys, namely, rubber character toys; Butterfly nets;
Seller_9NuQXlOewubfq
If I was you I’d seek advice from a trademark attorney, there are a few online that’ll give you limited free advice (like one or two questions answered) if you have a search.
Seller_qZO3ZCjoBXEeL
One common test is - would your product cause confusion or misinterpretation to the average person/consumer? If there is a reasonable chance that a shopper could reasonably presume that your product is affiliated with a trademark owner then you would probably be at risk.
If in doubt - steer clear.
