It was 2007, when Amber Schaub, unable to find the "ruffle butt bloomers" she associated with her childhood, launched RuffleButts, a children’s apparel company. (http://www.inc.com/abigail-tracy/applicant-of-the-week-rufflebutts.html) For her to have sought ruffle butt anything they must have already existed as a product and a term, yes?
On June 3, 2014 RuffleButts issued Cease and Desist letters to many micro business owners demanding they stop using the term 'ruffle butt' to describe their products as they had trademarked the name RuffleButts. These micro business owners consist mainly of women trying their best in todays economy to help their families financially. They don't have the money to hire lawyers to point out the absurdity of RuffleButts claims.
RuffleButts sent the following to the Etsy shop owners:
It has come to our attention that you are using our Trademarked term RuffleButts on the following item: (shortcut to the listed product)
Please note that this might not be an all inclusive list of items that are currently infringing.
As the registered trademark holder to the mark 'RuffleButts' we ask you to please remove or rename any/all items from Pinterest, Etsy, Facebook and any other site / location where infringement occurs. We take infringement upon our registered trademarks very seriously and appreciate your immediate help with this matter. Please email [email protected] when you have removed these listings.
Thank you in advance for your help and immediate attention.
-RuffleButts Brand Enforcement
Upon being advised the product listed was described as having a ruffle butt and not named or otherwise indicated as being a RuffleButts product, they responded:
You are not an authorized licensee of RuffleButts, Inc. and have no authorization to use the RuffleButts® mark, or any other designation confusingly similar to the RuffleButts® mark. Furthermore, your use of the RuffleButts® mark, or any other designation confusingly similar to the RuffleButts® mark, is misleading and confusing to the public as to the source, affiliation, and sponsorship of the Infringing Use, as the public is likely to assume there is an affiliation with the well-established RuffleButts® mark. Such confusion results in substantial damage to RuffleButts proprietary rights, including dilution of the RuffleButts® mark and the goodwill associated therewith.
Accordingly, on behalf of RuffleButts, we demand that you immediately cease and desist from any further use, display, or publication of the RuffleButts® mark in any form or confusingly similar designation.
Again, your prompt attention to this matter is extremely appreciated!
-RuffleButts Brand Enforcement
So, they completely are ignoring trademark law and deciding that because they can afford attorneys and micro businesses cannot, they can run amok over these ladies and decide what is and is not included under trademark law. These owners did not in any way try to imitate RuffleButts products or to present themselves as being affiliated with a company most of them didn't even know existed. To try now to copyright a term that's existed for over 80 years because their company name is RuffleButts is ludicrous.
Additionally, according to trademark law, if these ladies can prove that the issuance of the RuffleButts trademark has hurt their business, the trademark can be revoked. Well, the trademark wasn't hurting them until the egocentric Amber Schaub decided to make herself their problem. Now, searches for ruffle butt rompers don't come up with these ladies products like they did before, which gives them cause for a lawsuit which can call for reparations.
Either way, to bully these micro businesses with unfounded and baseless legal action (that will easily lose in court if any of them could afford it) speaks volumes for RuffleButts character or lack thereof.
RuffleButts Reviews
It was 2007, when Amber Schaub, unable to find the "ruffle butt bloomers" she associated with her childhood, launched RuffleButts, a children’s apparel company. (http://www.inc.com/abigail-tracy/applicant-of-the-week-rufflebutts.html) For her to have sought ruffle butt anything they must have already existed as a product and a term, yes?
On June 3, 2014 RuffleButts issued Cease and Desist letters to many micro business owners demanding they stop using the term 'ruffle butt' to describe their products as they had trademarked the name RuffleButts. These micro business owners consist mainly of women trying their best in todays economy to help their families financially. They don't have the money to hire lawyers to point out the absurdity of RuffleButts claims.
RuffleButts sent the following to the Etsy shop owners:
It has come to our attention that you are using our Trademarked term RuffleButts on the following item: (shortcut to the listed product)
Please note that this might not be an all inclusive list of items that are currently infringing.
As the registered trademark holder to the mark 'RuffleButts' we ask you to please remove or rename any/all items from Pinterest, Etsy, Facebook and any other site / location where infringement occurs. We take infringement upon our registered trademarks very seriously and appreciate your immediate help with this matter. Please email [email protected] when you have removed these listings.
Thank you in advance for your help and immediate attention.
-RuffleButts Brand Enforcement
Upon being advised the product listed was described as having a ruffle butt and not named or otherwise indicated as being a RuffleButts product, they responded:
You are not an authorized licensee of RuffleButts, Inc. and have no authorization to use the RuffleButts® mark, or any other designation confusingly similar to the RuffleButts® mark. Furthermore, your use of the RuffleButts® mark, or any other designation confusingly similar to the RuffleButts® mark, is misleading and confusing to the public as to the source, affiliation, and sponsorship of the Infringing Use, as the public is likely to assume there is an affiliation with the well-established RuffleButts® mark. Such confusion results in substantial damage to RuffleButts proprietary rights, including dilution of the RuffleButts® mark and the goodwill associated therewith.
Accordingly, on behalf of RuffleButts, we demand that you immediately cease and desist from any further use, display, or publication of the RuffleButts® mark in any form or confusingly similar designation.
Again, your prompt attention to this matter is extremely appreciated!
-RuffleButts Brand Enforcement
So, they completely are ignoring trademark law and deciding that because they can afford attorneys and micro businesses cannot, they can run amok over these ladies and decide what is and is not included under trademark law. These owners did not in any way try to imitate RuffleButts products or to present themselves as being affiliated with a company most of them didn't even know existed. To try now to copyright a term that's existed for over 80 years because their company name is RuffleButts is ludicrous.
Additionally, according to trademark law, if these ladies can prove that the issuance of the RuffleButts trademark has hurt their business, the trademark can be revoked. Well, the trademark wasn't hurting them until the egocentric Amber Schaub decided to make herself their problem. Now, searches for ruffle butt rompers don't come up with these ladies products like they did before, which gives them cause for a lawsuit which can call for reparations.
Either way, to bully these micro businesses with unfounded and baseless legal action (that will easily lose in court if any of them could afford it) speaks volumes for RuffleButts character or lack thereof.