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makers_loriOPApr 30, 2026etsy shop "wildcraft pottery" since 2019. just got a C&D from a company that registered "wildcraft pottery" as a trademark in 2023. they want me to rebrand and pay $5k "settlement." i have receipts going back to 2019.
etsy shop "wildcraft pottery" since 2019. just got a C&D from a company that registered "wildcraft pottery" as a trademark in 2023. they want me to rebrand and pay $5k "settlement." i have receipts going back to 2019.
prior use defense ("first to use" common law trademark rights) beats subsequent registration in the same geography for the same goods. you have receipts back to 2019? you're in a strong position.
response should reference Section 2(d) and prior use rights. consider filing a petition to cancel their registration if your use predates theirs.
file your own trademark application based on first use date 2019. that strengthens your position significantly. cancellation proceeding at TTAB if needed — but often a calm reply citing prior use makes them go away.
I'm Sergei Tokmakov, California attorney (Bar #279869). Common law trademark rights arise from actual use in commerce, regardless of federal registration. If you've used "Wildcraft Pottery" continuously since 2019 in connection with the same or similar goods, you have superior rights to a 2023 registrant in the same channels.
Practical sequence: (1) gather evidence of continuous use from 2019 onwards (sales records, invoices, listings, social media), (2) file your own ITU or use-based trademark application asserting 2019 first-use date, (3) respond to the C&D citing prior use rights and offering coexistence rather than rebrand or payment, (4) if they push, consider TTAB cancellation. Most C&D senders fold when faced with documented prior use. Informational only.