craft wars (1)

What's in a Name? The "Craft" Wars

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? 

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