I own a small ecommerce website where I sell some items bearing the names of very famous people from the past, like Michael jackson, muhamad ali, marilyn monroe, etc, can I get in trouble for doing that? A corporation recently contacted me regarding using the name of Frida Khalo on my site, she is a famous mexican painter, a very inspirational figure, she has been dead since 1954, they ask me to remove all mentions of her name from my site, what should I do?
Excerpt of the email below:
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To whom it may concern,
Frida Kahlo Corporation objects the sale on .................. of the products bearing the image and name of the Mexican painter Frida Kahlo, as shown on the site ............... The product is advertised and sold as Frida Kahlo.
Frida Kahlo Corporation owns several registrations worldwide for the Frida Kahlo mark including registrations with covers the products sold on your website
Based upon our investigation it appears that your company is indeed infringing upon FRIDA KAHLO trademark(s) and/or used or is using a confusingly similar trade name for the sale of your items under the brand name Frida Kahlo. Frida Kahlo’s valuable good will and business reputation has now been tarnished by your actions. Therefore, we urge you to immediately discontinue bearing the FRIDA KAHLO trademark(s) to avoid further damages.
We expect a written reply from you with in five (5) days from this email. If you or your company does not respond or act as requested, we will asume that you are not interested in resolving this controversy amicably and we will act accordingly.
Sincerely yours,
Frida Kahlo Corporation
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The items that i sell on my site are items that are currently being sold all over the internet by hundreds of sellers here in the U.S and internationally, why am I being the target of this? I am not manufacturing items in the artists' name, I am just a reseller. If the corporation is coming after, then shouldn't it also go after all of the other sellers that are also selling the same items. For example, many sellers on Amazon are selling the same stuff, and I am pretty sure, it would be exhausting going after all of them, it's not something that is even possible. What is the best way to go about this?
Excerpt of the email below:
-----------------------------------------------------
To whom it may concern,
Frida Kahlo Corporation objects the sale on .................. of the products bearing the image and name of the Mexican painter Frida Kahlo, as shown on the site ............... The product is advertised and sold as Frida Kahlo.
Frida Kahlo Corporation owns several registrations worldwide for the Frida Kahlo mark including registrations with covers the products sold on your website
Based upon our investigation it appears that your company is indeed infringing upon FRIDA KAHLO trademark(s) and/or used or is using a confusingly similar trade name for the sale of your items under the brand name Frida Kahlo. Frida Kahlo’s valuable good will and business reputation has now been tarnished by your actions. Therefore, we urge you to immediately discontinue bearing the FRIDA KAHLO trademark(s) to avoid further damages.
We expect a written reply from you with in five (5) days from this email. If you or your company does not respond or act as requested, we will asume that you are not interested in resolving this controversy amicably and we will act accordingly.
Sincerely yours,
Frida Kahlo Corporation
-----------------------------------------------
The items that i sell on my site are items that are currently being sold all over the internet by hundreds of sellers here in the U.S and internationally, why am I being the target of this? I am not manufacturing items in the artists' name, I am just a reseller. If the corporation is coming after, then shouldn't it also go after all of the other sellers that are also selling the same items. For example, many sellers on Amazon are selling the same stuff, and I am pretty sure, it would be exhausting going after all of them, it's not something that is even possible. What is the best way to go about this?
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