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Ep 86 | Your Burning Legal Questions Answered by Creative Entrepreneur Attorney Paige Hulse

How to Sell Your Stuff on Etsy

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How to Avoid Using a Registered Trademark Name in Your Listing

The college does have registered trademarks against using the design on clothing hats, metal, license plates, pen holders and post note holders. When we're looking at likelihood of confusion, it's a three-pronged test: visual similarities, phonetic similarities and overlap of goods and services. So in this instance, if they're using the name of the college, that's a no brainer. You've already failed the visual and the phonetic similarity test. The way that those systems work is part of what I was talking about earlier with the strategy employed with trademark law. They you lose, you lose your trademark rights. If you let too many people use the trademark.

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