What is the name of your state? Maryland
Hi,
I recently started a small, home based embroidery business. My specialty is in life like Girl Scout patches. Understanding that I can not use the actual name GS, Brownie etc. in my description of my item, I am now being told by GS that my items are too realistic and it may cause confusion to a buyer when looking at my item as to whether or not it is being sold by the GS.
The response I received from the GS about why my items are not considering legal is...."Girl Scouts of the USA (GSUSA) has the sole and exclusive right by virtue of its Congressional Charter, 36 U.S.C. § 80106 et. seq., to have and use all service marks, trademarks, emblems, badges, descriptive or designating marks, and other words now or heretofore used in carrying out its program and is the owner of the GIRL SCOUTS name, service mark, and trademark. GSUSA has an obligation to protect the Girl Scout name and trademarks. Any unauthorized use violates our proprietary rights as owners of those trademarks. The use of the Girl Scout name and/or marks or images on your merchandise and/or to promote your offerings creates the impression that you are in a relationship with, or otherwise endorsed by, Girl Scouts of the USA."
I am attempting to work with the Legal Dept. to see how I can sell my items without infringing on their trademark. Of course, they are not going to be much help. I am also attempting to become a registered vendor of the GS but was told that it is extremely hard and next to impossible.
Anyway, I have been thinking of putting, "I am in no way associated with any Scout Association including GSUSA" on my items. Will this alone be enough to protect me? I have put so much time and effort into this project that it pains me to think that I would not be able to sell.
I understand that when you look at my items, they actually look like a Brownie, Junior etc. but we have personally digitized all our designs and have written permission from the clipart owner to do so.
I would sincerely appreciate any information. I am not a lawyer and find a lot of this legal terminology to be very confusing.
Many thanks,
clyonsWhat is the name of your state?What is the name of your state?
Hi,
I recently started a small, home based embroidery business. My specialty is in life like Girl Scout patches. Understanding that I can not use the actual name GS, Brownie etc. in my description of my item, I am now being told by GS that my items are too realistic and it may cause confusion to a buyer when looking at my item as to whether or not it is being sold by the GS.
The response I received from the GS about why my items are not considering legal is...."Girl Scouts of the USA (GSUSA) has the sole and exclusive right by virtue of its Congressional Charter, 36 U.S.C. § 80106 et. seq., to have and use all service marks, trademarks, emblems, badges, descriptive or designating marks, and other words now or heretofore used in carrying out its program and is the owner of the GIRL SCOUTS name, service mark, and trademark. GSUSA has an obligation to protect the Girl Scout name and trademarks. Any unauthorized use violates our proprietary rights as owners of those trademarks. The use of the Girl Scout name and/or marks or images on your merchandise and/or to promote your offerings creates the impression that you are in a relationship with, or otherwise endorsed by, Girl Scouts of the USA."
I am attempting to work with the Legal Dept. to see how I can sell my items without infringing on their trademark. Of course, they are not going to be much help. I am also attempting to become a registered vendor of the GS but was told that it is extremely hard and next to impossible.
Anyway, I have been thinking of putting, "I am in no way associated with any Scout Association including GSUSA" on my items. Will this alone be enough to protect me? I have put so much time and effort into this project that it pains me to think that I would not be able to sell.
I understand that when you look at my items, they actually look like a Brownie, Junior etc. but we have personally digitized all our designs and have written permission from the clipart owner to do so.
I would sincerely appreciate any information. I am not a lawyer and find a lot of this legal terminology to be very confusing.
Many thanks,
clyonsWhat is the name of your state?What is the name of your state?