Sam Joseph Karam was surprised to find out that 11 of his T-shirt designs featuring the term “bruh” were removed from Etsy due to a trademark violation claim. Karam, the owner of Customized Designs, a U.S.-based apparel company, noticed the unusual number of takedowns and the subsequent impact on his sales after losing his Star Seller badge on the platform.
The trademark holder, Malik Yawar Abbas, who holds a Canadian trademark for “bruh,” reported Karam’s listings to Etsy, leading to their removal. Karam and other Etsy sellers have faced similar takedowns after complaints by Abbas, who is accused of “trademark squatting” to profit from licensing the term rather than producing products.
Abbas holds trademarks for “bruh” related to clothing and restaurant services. Despite Karam’s refusal to pay $1,000 to resolve the dispute, Abbas withdrew the complaint after the products were removed from the platform. Karam is exploring legal options to challenge the trademark’s validity based on bad faith.
Under Canadian trademark laws, a trademark filed in bad faith can be invalidated, but its application in this case remains untested. The use of the “bruh” trademark for licensing purposes may raise concerns about bad faith. While trademarks can protect phrases, their application must differentiate products or services and not restrict ordinary speech.
Etsy’s response to trademark infringement claims illustrates the challenges for sellers in appealing takedowns. Experts suggest the need for stricter rules to prevent trademark abuses and changes in marketplace policies to allow fair appeals for sellers affected by trademark disputes.
