Hi guys! I'm after a bit of advice! I've been making my bears in my spare time for about 18 months now. When I sold my first one I decided to give myself a name so after a lot of thinking I came up with my name.,I did some googling and looked on Facebook and couldn't find anybody else called StrawBeary Designs. I've sold about 15 bears now and have some lovely sew in labels printed but I've just discovered on Hugglets website there is a Straw beary designs!!..There in Australia but it's not known if there active. Does this mean I should change my name? When I google it it comes up with my bears..only 2 pics of the other bear makers bears. Any advice greatly appreciated!x
"Strawbeary Designs of Lancashire" has a nice ring to it.
It would differentiate you from others and, if you can prove that your name predates the others you could also say, "The Original Strawbeary Designs."
But I would go with "Strawbeary Designs of Lancashire" because I think it has a classy ring to it.
I also found this outdated blog by a scrap-booker: https://strawbearydesigns.wordpress.com/
By any chance is there contact information on the Hugglets site? You could try getting in touch. Otherwise, you seem to be the active bearmaker using the name. (I also like Randy's suggestion, perhaps as the long version of your company name?)
Thank you both for your replies! That's a very good idea to put my location on..hadn't thought of that! I will see if there are any contact details I can get, I just didn't want to jump in on someone else's name! It's just odd I can't find anything on google about them..unless they were not going for very long. I also found the blog Becky..it hasn't been used/updated for a very long time! Thanks again.Helen.xx
This is kind of geeky... But don't forget trade dress.
Trade dress is a legal term of art that generally refers to characteristics of the visual appearance of a product or its packaging ... that signify the source of the product to consumers.
In England, you also have the rule of "Passing Off:"
In common law countries such as England, Australia and New Zealand, passing off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the goodwill of a trader from a misrepresentation.
The law of passing off prevents one trader from misrepresenting goods or services as being the goods and services of another, and also prevents a trader from holding out his or her goods or services as having some association or connection with another when this is not true.
The shape of a Coca Cola bottle or the color and design of a box of Kodak film are two examples of trade dress.
Your Bears are as distinctive as Coca Cola bottles or Kodak film. Nobody else's Bears look like yours. Pairing up the name "Strawbeary Designs of Lancashire" with the style and design of your Bears gives you the same right to prevent others from selling Bears that look like yours.
I think you have a protectable asset in the name, trade dress and design of your Bears that you could register if you were of the mind.
Kodak film comes in yellow boxes.
Coca Cola comes in curvy, glass bottles.
Well that's certainly something to think about! I must admit the other persons bears..the two that I could find pictures of!..don't look anything like mine! I suppose I was just bothered in case I'm ever good enough to do a teddy bear fair that people didn't think we were the same person..or that I had copied her name. Thanks for the info though!xx
I had a similar thing happen to me when I first started and discovered there was an established and wonderful artist working under the name of Padgate bears (I'm Padfield bears BTW) also in the North of England and I thought OH NO people might confuse the name as it is so similar. As I was the newbe and his bears were much more accomplished than mine I decided it only fair to email him and ask if he was concerned or unhappy about my name. He was very charming about it and as our bears are of a different style wasn't worried and said there is room enough for us all in this bear world. I know you are in more of a pickle here as your name is the same but why don't you contact the other Stawbeary designs and see how the land lays? They may not even still be trading or have even changed their name as I can't find any googling on them? Good luck :thumbsup:
Found this: is this the one you meant Strawberry not Strawbeary??
http://www.businessofaustralia.com/c/b/ … /068160485
-1995 no longer trading
or Strawbeary Shye Bears??
https://www.facebook.com/Strawbeary-Shy … 936843737/
-I think the 'Shye' bit makes enough of a distinction from 'Designs' myself but its your call.
Hi edmundnutmeg! The owner of Straw Beary Designs in Australia is called Jane Higgins so it doesn't look like the same owner of StrawBeary shye. I've tried looking for her via Facebook but cant find anything. I sure they can't be still making bears as there's nothing anywhere on them. The two bears I've found of hers are very different to mine as well.xx