A COMPLAINT against Etsy's intellectual property policies

The Louise Brooks Society is under attack. Over the last couple of months, a person named Michael Garcia Mujica (dba Vintage Brooks) has filed a number of complaints against me on Etsy, CafePress and even LinkTree alleging infringement of his intellectual property. 

He is doing so because in 2019 he obtained a trademark on the name "Louise Brooks," and he is using his standing as a trademark holder to get the above named websites to remove content (listings, and even links) which he feels violate his trademark. He even made the "Louise Brooks Society" (which has been in existence as a website since 1995) change its Etsy account name, as he alleged it infringed on his intellectual property rights.  Despite the fact that "Louise Brooks Society" is different from "Louise Brooks" and despite the fact that the Louise Brooks Society had 27 years of prior use, Etsy forced me to change my name or else loose my account all together. BTW, the Louise Brooks Society account at Etsy is now called LuluPandorasBox

What follows is a complaint I posted in Etsy's forums regarding their intellectual property policies and their mishandling of a recent allegation of infringement regarding an item I listed for sale on their website. It makes for interesting, if not surreal reading. (UPDATE on 12/23/2022 - someone (Etsy?) removed the entire thread, include Vintage Brooks 12/21/2022 admission that he acted in error in filing a claim against me, and, would act to have his complaint withdrawn. As of today, the box of note cards is not listed as being for sale.)

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A COMPLAINT against Etsy's intellectual property policies

Out of frustration, I am posting this complaint regarding Etsy's intellectual property policies, and the way Etsy handled my counter notice.

Here's what happened. Some months ago, I posted a 20+ year old box of notecards for sale on Etsy. These notecards were manufactured by Fotofolio, a well known postcard/notecard company. These "Hollywood Glamour" cards depicted various movie stars including Garbo, Gloria Swanson, Marilyn Monroe, etc... The box itself pictures the silent film star Louise Brooks.

About a month or so ago, this guy who gained a trademark on the name "Louise Brooks" in 2019, filed a complaint with Etsy stating that my 20 year old box of notecards violated his three year old trademark! How ridiculous - not only that such a claim was made, but also that Etsy let is stand.

This set of boxed cards came from my collection. I believe it was clear in my original listing that these were older "vintage" cards made by a third party. I also made these details clear in my counter notice. It took Etsy eight days to respond, and when they did, all I received from someone named "Charlie" in Etsy legal was a generic, one size fits all email that failed to address the points I made in my counter notice. How disappointing.

I spoke with a trademark attorney who told me that trademark could not be applied retroactively. In my opinion, it also goes against common sense.

According to Etsy policy, allegations of intellectual property infringement are supposed to be made in "good faith." In my opinion, this is a "bad faith" claim. If it was done in "good faith," then I think the claimant is ignorant of the law, and it should not stand. If was done in "bad faith," then that is an abuse, and it should not stand.

I would like to hear back from Etsy on this forum as to how they can justify what I see to be their mishandling of this situation. I am sure that other Etsy sellers would also be interested, especially those that have likewise received claims against their Louise Brooks items for sale on Etsy.

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Pictured above, the notecards at the center of the dispute. I would appreciate hearing back from any anyone else who may have suffered similarly at the hands of Vintage Brooks. What is your story?

The Louise Brooks Society blog is authored by Thomas Gladysz, Director of the Louise Brooks Society. (www.pandorasbox.com). Original contents copyright © 2022. Further unauthorized use prohibited.