American Craft Council, American Craft Endeavors, American Craft Marketing, American Craft Expo ... who owns the name "American Craft"?
This recent letter was forwarded to me by Richard Rothbard:
Dear Mr. Rothbard:
As you are well aware, our client, the American Craft Council, has repeatedly objected to your unauthorized use of its registered mark AMERICAN CRAFT. Based on your prior representations, our client had considered this matter closed and resolved. Specifically, on June 1, 2012 (among other issues), you agreed that you would cease using the combination "AMERICAN CRAFT" in a title for your shows. In connection with your New York City show, although the American Craft Council permitted use in 2012, you agreed that you would cease use of the name AMERICAN CRAFT SHOW NYC or NYC AMERICAN CRAFT SHOW after the 2012 show and, thereafter (2013 and onward) agreed to use the name "NYC (or New York City) Craft Show" or similar title not using the combination "AMERICAN CRAFT".
Thereafter, after we had notified you on January 11, 2013, that your continued use of AMERICAN CRAFT SHOW NYC and AMERICAN CRAFTSHOW CONNECTICUT constituted continuing infringement, you again represented (on January 18, 2013) that you would comply with our client’s demand to stop use of AMERICAN CRAFT.
We now have been advised by the American Craft Council that you are again flaunting their trademark rights. Specifically, your August 2014 show in NYC is entitled "American Craft Market Wholesale Show NYC". Our client advises that you were passing out the attached brochure at its recent Baltimore show and further infringing use is shown at http://americancraftmarket.com/
On behalf of our client, we demand that this title be changed immediately to one that does not include the term AMERICAN CRAFT. Moreover, you are to cease immediately with any use of any title that includes AMERICAN CRAFT, including but not limited to use on promotional materials (such as the attached brochure) or on any website.
In the absence of your prompt compliance, the American Craft Council is prepared to institute litigation without further notice. Based on the above history, there is little doubt that a court would find that your continuous disregard of the American Craft Council’s trademark rights is willful and, potentially, could subject you to punitive damages if this matter were to be litigated.
We await your immediate response.
Without prejudice.
Geez, doesn't it make you glad that you are a simple craftsperson, artist, minding your own business?
Comments
So this is where part of my booth fees and membership money is going, to support lawyers?
It is a shame that you said (or wrote?) that as it did imply that you agreed they had the right to those words. However, if it isn't written and even if it is, I would still try a letter to them first. You can always say that you did more research and have come to realize they don't have the right to restrict your use of the words American Craft as long as you are not using ONLY those words. I spent 18 years working for attorneys, more than half as a paralegal, although my expertise lies in pretty much everything but trademark and criminal law. There are websites where you can ask a question for a few dollars and get an answer from an attorney--much less expensive than hiring one for something that may not require that.
I'm not a lawyer, but The problem may be found in
Specifically, on June 1, 2012 (among other issues), you agreed that you would cease using the combination "AMERICAN CRAFT" in a title for your shows.
and
you again represented (on January 18, 2013) that you would comply with our client’s demand to stop use of AMERICAN CRAFT.
if these two statements are correct, then it sounds like there was an agreement to stop using AMERICAN CRAFT. If there was a written agreement, then it sounds like they have a case. If it wasn't written, then hire a trademark lawyer (expensive) and good luck.
And as long as we are dealing with the "real" world, I'm afraid there is no such thing as just being a simple craft person or artist. Sigh.
There are 88 listings including American Craft shown in a quick search of registered trademarks. Obviously, it is not possible to exclude everyone using the words "American" and "craft". Oddly enough, there is more than one listed as simply "American Craft," so it looks like the magazine doesn't even have exclusive rights to just those two words. It also appears that in January 2014, their same attorney applied for rights to American Craft Council Show (still pending). My thinking on this is that the wording has to be specific to what is registered so Richard should be okay with his variation based on the multitude of variations already registered. My other thought is to find a decent attorney and have them shoot a letter back reminding the American Craft people that they don't have the right to exclusive and all-inclusive use of those two words. I would think Richard could do that as well including a print out from the U.S. trademark office showing the legally registered variations of the words "American" and "Craft."
Phew! Jim, I was wondering there for a few minutes. You know we're all a little touchy about that word "crafts" and "crafts" in this part of the country. I had a long talk last year with the woman who runs the Smithsonian Craft Show who said that her committee believes that if a show is called an "art fair" it means "loving hands..."
I believe Richard will stick for his rights (knowing Richard...).
I understood that. Making a joke... ha ha ha. It's a frivolous suit.
This isn't about creating a new name. Richard has been operating under this name for a long time, it is the name of his business. His events are classy and held in upscale locations, he just wants to keep the name.
Something Crafty This Way Comes, The Bold and The Crafty, Craft Masters, Crafting With The Stars...
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