Wednesday, December 14, 2016

Trademark on "Reborn Baby Doll"

Two days ago the reborn doll industry was made aware of a legal USA trademark on the words
"Reborn Baby Doll"

Many people who had live auctions on eBay and listings on Etsy had their listings pulled in violation of the trademarked words.

My jaw is dropped to the floor just as much as yours is....how could the USPTO approve this trademark on a genre of dolls...a type of doll...a type of art?  
Obviously they did not do their homework.  

The owner of the trademark is Amy Duncan Wilson (Business name:  The Original Reborn), from Calhoun, Georgia,
not to be confused with Amy Wilson from Welwyn Garden City, Hertfordshire, or any of the other Amy Wilsons in the doll industry.

I copied this information from a post in Doll Fan that was taken from the USPTO site.
It is the verification of the trademarked words:

 
-->
Word Mark REBORN BABY DOLL
Goods and Services IC 028. US 022 023 038 050. G & S: Ball-jointed dolls; Ball-jointed porcelain dolls; Ball-jointed resin dolls; Ball-jointed vinyl dolls; Doll accessories; Dolls; Dolls and dolls' clothing. FIRST USE: 20150426. FIRST USE IN COMMERCE: 20150426
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 86618275
Filing Date May 4, 2015
Current Basis 1A
Original Filing Basis 1A
Published for Opposition January 12, 2016
Registration Number 4991256
Registration Date July 5, 2016
Owner (REGISTRANT) Amy D. Wilson INDIVIDUAL UNITED STATES P.O. Box 812 Calhoun GEORGIA 30703
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "BABY DOLL" APART FROM THE MARK AS SHOWN
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

Amy Duncan Wilson will send messages to artists who have had their listings removed and tell them that they can relist, just not using the trademark "Reborn Baby Doll" in their listing.

There are ways to get around this for now and there is a group of reborn artists working together on behalf of all reborn artists to reverse this trademark.  

For now, we can use any combination of the three words, just not all three of them together at the same time...the tragedy of that is with the hundreds of listings, neither eBay nor Etsy has the time to weed through the listings to look for just the three words used together so an auction or listing can still be pulled with the use of even just the word "Reborn".  But we can try...for now.  

PLEASE READ THIS:
I know that many people are angry and upset...justifiably so BUT...
that anger needs to be channeled to the right avenues to help our community overcome this situation.

PLEASE DO NOT CONTACT AMY DUNCAN WILSON IN ANY WAY.
Here is a copy of a plea to the reborn community via the gals that are working non-stop to reverse the trademark:

   Please do not message, comment, call or harass Amy D. Wilson, The Original Reborn her husband, or their businesses in any way shape or form. Please do not share her photos, her auctions, her photos of her or her family. We (Stephanie S Tackett Bobbi Barfoot and I (Debra Jadick ) are currently working with an attorney. By continuing to harass her it will only make our jobs harder. We are a vast community one that is passionate about what we do. With that comes a lot of hot passion and words are said that can not be taken back once posted. Screen shots are taken etc. If you want to help please sign the petition and please donate to the gofundme account.  If you need to vent please do so privately to a trusted friend. We assure you we are working extremely hard to have this matter settled. We are in talks with ebay and etsy as well. This is not a sprint ladies and gentlemen this is going to be a long marathon. Thank you all for coming together to better this community and For your support to keep what we have all worked hard for! 
Debra C. Jadick, Stephanie Stephanie S Tackett Bobbi Barfoot 

I have signed the petition and will be donating to the cause this morning.  

Here is where YOU can sign the petition (which is a statement to show just how many of us in the industry this trademark affects).
If you read the entire text associated with the petition, you will learn of the several ways that the trademark was issued under false pretenses.



There are already attorney fees associated with this fight.
We are a large community and if we all pitch in even a little bit, the expenses will be quickly covered.  There is a GOFUNDME account set up for this fight and I encourage you to give so that we can get this trademark reversed and get our industry...both on the artist side and the collector side...back to its regular functioning.


In order to not re-invent the wheel, so-to-speak, 
Debra C Jadick on Facebook will be updating her page on the progress of the trademark reversal, the information and advice from the attorneys and other basic need-to-know items.  I ask you to visit her page for updates.  I will share on the blog when big things happen but for daily news...

 
 With that, I pray for peace for the day.







4 comments:

  1. You are always a voice of reason Debbie- you're a good egg:) Kristaleta says to say hi Auntie Debbie. Wishing you and yours a wonderful Christmas and New Year xx Kristy

    ReplyDelete
    Replies
    1. Awwwww, thank you Kristy! I love that you popped in! Big hugs to you and little Miss Kristaleta!
      Merry Christmas and a happy, HAPPY New Year! Smootch!

      Delete
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