Info: Jack Wolfskin Cease & Desist letters in Germany

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Original Post

Trademark and Copyright laws just got insane. Jack Wolfskin, a German-based outdoor clothing company, has caused Dawanda to remove 60 products - and then sent very expensive cease & desist letters to indie designers, with claims of app $1500 each.

What caused this?

JW has a trademark. Of a wolf's paw with claws. Very outdoor-sy, rugged, freedom-loving. On anything textile. Oh, and detergent, for some weird reason.

Apparently, they claim that ANY kind of paw on ANY kind of textile is an infringement.

The products involved? Tiny, glittery cat paws walking across a tshirt. And make-up mirrors made with Michael Miller licensed fabric... that sported paws.

Here is some additional info with links to other sites:
www.11m2.de/2009/10/warum-man-jack-wolfskin-meiden-sollte-good-reas...

I know it's "the other site", but imho, indie designers need to stick together.

Kind regards,
Gila

Posted at 7:19pm Oct 17, 2009 EDT

Responses

That is amazing! I bought a t-shirt with wolf prints
running across it. I guess that it would be an infringement!

Posted at 7:22pm Oct 17, 2009 EDT

Interesting. Marc Jacobs had a dress not too long ago with wolf prints on it. I wonder if he sent them a cease and desist letter as well.

Posted at 7:24pm Oct 17, 2009 EDT

How about those fluffy baskets for dogs and cats? ALL of them have paw prints. Including an IKEA design.

It is pure insanity. They just registered ANY kind of paw print on ANY kind of fabric/ textile. I am unsure if it would hold in court, but we are indie designers! We don't have the money!

Funny enough, JW might have underestimated the indie community. It is currently going through the online blogs, especially through HUGE blogs unrelated to crafting.

Let's hope it goes to mainstream media as well.

Dawanda's reaction? "We had to react, we cannot provide any support or help, but if you think your product was taken down in error, feel free to list it again."

Posted at 7:26pm Oct 17, 2009 EDT

Wooooooow.

Posted at 7:32pm Oct 17, 2009 EDT

Ridiculous. I'm going to send out a C&D to anyone who puts a liquid substance in a bottle. <insert eye-roll here>

Posted at 7:36pm Oct 17, 2009 EDT

One of the designers in question has written confirmation from Michael Miller that the fabric can be used for commercial products.

Wonder if JW will also sue Michael Miller, therefore?

Posted at 7:36pm Oct 17, 2009 EDT

KiWiCuties says

By that logic, Blue's Clues is in violation of their trademark. I don't think you can trademark something as vague as 'any paw print'.

Posted at 7:45pm Oct 17, 2009 EDT

ALmost 2 am in Germany... I need sleep. Busy day tomorrow - like hacking off my dog's paws. Don;t want her infringing on anything.

Posted at 7:45pm Oct 17, 2009 EDT