When Sam Joseph Karam received a notification from online marketplace Etsy regarding the removal of 11 of his T-shirt designs featuring the term “bruh” due to trademark infringement, he became suspicious. Karam, the owner of Customized Designs, an apparel company in the U.S., noticed the unusual number of listings taken down and the subsequent removal of his Star Seller badge from Etsy, resulting in a decline in sales.
Etsy informed Karam that the removal was prompted by a complaint from Malik Yawar Abbas, the holder of a Canadian trademark for the term “bruh.” Karam and several other Etsy sellers reported similar experiences of their listings being removed following complaints by Abbas.
Karam criticized Abbas for allegedly exploiting the trademark by licensing the word rather than creating products. Legal experts suggest the responsibility lies with platforms and the legal system to prevent such trademark misuse.
The Canadian Intellectual Property Office granted a trademark for “bruh” in connection with clothing and another for restaurant services to Abbas. Karam discovered Abbas’ website showcasing the protection of the trademark and offering licensing options for its use.
Abbas demanded $1,000 from Karam to withdraw the complaints, which Karam refused, accusing Abbas of trademark squatting. Abbas later withdrew the complaint to Etsy after the designs were removed, but Karam is considering legal action to challenge the trademark’s validity.
According to intellectual property law professor Carys Craig, Canada’s trademark laws allow for invalidating trademarks filed in bad faith. She highlighted the need for clarity on the interpretation of bad faith in such cases.
While trademarking common terms is possible in specific contexts, experts note that the use of “bruh” on Etsy may not necessarily infringe on the trademark. The lack of an appeal process for Etsy sellers facing takedown requests poses challenges for individuals like Karam.
Trademark disputes like this are uncommon in Canada, with concerns raised about the potential exploitation of trademark loopholes by holders. Craig emphasized the importance of tighter regulations to prevent misuse of trademarks and improve appeal processes for affected sellers on online platforms.