From Mountain Xpress, two local small businesses are dealing with corporate trademark actions.
West Asheville’s Small Terrain was informed by Urban Outfitters that UO held the trademark for “terrain” in several categories. Meanwhile, Amazing Savings of downtown, South Asheville and Black Mountain has shut down its website and searches for a new name after a trademark action from New York-based Simply Amazing, LLC.
Small Terrain sells supplies for the urban homesteader, including organic bulk herbs, cheesemaking equipment, leaf composting bags and equipment and supplies for vegetable gardens, keeping chickens, and rainwater catchment.
Amazing Savings is a family-owned local chain re-selling mostly organic food from other vendors.
From a Mountain Xpress article:
Amazing Savings Markets has shut down its website and is currently searching for a new name, a process co-owner Danette Hopey describes as “painful.” New York-based Simply Amazing, LLC, runs the Amazing Savings merchandise chain throughout the Northeast; the company took issue with the local business’ name.
“They evidently have a trademark for the word ‘amazing’, and they’ve started an action against us,” Hopey tells Xpress. “The paperwork they sent us was to never use that name again. We’ve been really suffering from this for about a year. We’re hesitant to just change the name to anything else; names are important.”
“Only two weeks after opening the doors, I received a cease-and-desist letter from Urban Outfitters’ attorney, informing me that they have the word ‘terrain’ trademarked in multiple categories,” Small Terrain owner Natalie Pollard writes in a December newsletter. “They argue that my little shop’s name will cause confusion and unfair competition for their garden center in Pennsylvania.”
Read the full Xpress article here.
From the Small Terrain newsletter:
Guess I’m finally letting the cat out of the bag on this one, albeit reluctantly. Only two weeks after opening the doors, I received a cease and desist letter from Urban Outfitters’ attorney, informing me that they have the word ‘terrain’ trademarked in multiple categories. They argue that my little shop’s name will cause confusion and unfair competition for their garden center in Pennsylvania, Terrain at Styer’s. While aware of their business and its name, I feel quite strongly that their argument is ungrounded. There is no confusing my business with theirs. The entire ethos of my shop defies what they are made of. Not to mention the hypocrisy of their claims as their company is notorious for lifting ideas from designers and artists. And I won’t even get into the reasons why I would never want my business to be associated with theirs, so here’s a link to cover that. As it stands, I am waiting to hear a reply from my response to their claims and remain hopeful that there will be a reasonable conclusion. To be continued…