Sam Joseph Karam, a T-shirt designer on Etsy, was surprised when 11 of his “bruh” themed designs were removed for trademark infringement following a complaint by Malik Yawar Abbas, the trademark holder. This incident led to Karam losing his Star Seller badge on Etsy, resulting in a decline in sales for his apparel company, Customized Designs.
Abbas, who holds the Canadian trademark for “bruh,” has been accused by Karam of “trademark squatting,” as he appears to be monetizing the trademark by licensing its use rather than producing products himself. Legal experts suggest that platforms and the legal system need to take steps to prevent such trademark exploitation.
The Canadian Intellectual Property Office granted the trademark for “bruh” in connection with selling clothing and recently for advertising restaurant services. Despite not selling clothes directly, Abbas’ website promotes licensing opportunities for the use of the term.
When Karam approached Abbas to retract the complaint, Abbas requested $1,000 as part of a settlement, which Karam refused, deeming it bad faith behavior. Although Abbas withdrew the complaint after the designs were removed, Karam is exploring legal options to challenge the trademark’s validity due to suspected bad faith.
Under Canadian trademark laws, trademarks filed in bad faith can be invalidated, but the application of this provision remains untested. Experts suggest that Abbas’ trademark usage and takedown actions may meet the criteria for bad faith.
Despite the trademarking of common terms like “bruh,” its use in commerce must differentiate brands. The context of how the trademark is used determines infringement, with ornamental or non-source identifying uses potentially exempt. Etsy’s removal of Karam’s listings reflected its obligation to address infringement notices received.
While trademark disputes like this are infrequent in Canada, they highlight the need for tighter regulations to prevent trademark squatting and excessive enforcement. Improved processes for challenging questionable trademarks and allowing sellers to appeal takedowns on online platforms are seen as crucial solutions to protect businesses from potential exploitation.
