Sam Joseph Karam, the owner of Customized Designs, a U.S.-based apparel company, was surprised when Etsy informed him that 11 of his T-shirt designs featuring the term “bruh” had been removed due to a trademark violation. Karam found it unusual to have multiple listings taken down at once, especially since it led to a significant decline in his sales on the platform. The removal was prompted by a complaint from Malik Yawar Abbas, the Canadian trademark holder for the term “bruh.”
Karam and other Etsy sellers shared similar experiences with CBC News, where their listings were removed following complaints from Abbas. Karam accused Abbas of trademark squatting, suggesting that Abbas aims to profit by licensing the term rather than producing products. Legal experts believe that it is essential for platforms and the legal system to address such misuse of trademarks.
Abbas, who holds the Canadian trademark for “bruh,” defends his actions, stating that he is developing a licensing brand for the term. He offered to withdraw the complaints against Karam’s listings if Karam agreed to certain terms and paid him $1,000. Karam refused, expressing his belief that Abbas was acting in bad faith.
While Abbas eventually retracted the complaints to Etsy, Karam is exploring legal avenues to challenge the trademark’s validity. Under Canadian trademark laws, trademarks filed in bad faith can be invalidated. Experts suggest that the way the “bruh” trademark is being utilized may raise concerns regarding bad faith.
Trademarking a word does not equate to owning it outright. In this case, experts indicate that the context in which the term is used matters. The trademark dispute on Etsy highlights the complexities of trademark enforcement and the challenges faced by sellers in appealing takedown decisions.
Cases like these are uncommon in Canada, with concerns raised about trademark squatting and over-enforcement potentially going unnoticed. Experts emphasize the need for tighter regulations to prevent such scenarios and advocate for improved processes for challenging questionable trademarks. They caution against a system where trademark owners can easily take down listings without due process.