Wall Candy Arts A wholesale company who likes to RIP OFF the little people! Internet

I want to set the record straight.  An American company, WallCandy Arts, the registered holder of the US trademark "WallCandy" since 2002  requested that Etsy notify a Canadian woman using the WallCandy name since 2007 to stop using the name "WallCandy" to sell her art on Etsy.  That's it!  WallCandy Arts was policing her trademark as required by law.  Etsy, too, did what it is required to do.  Etsy notified this Canadian woman that she needed to either cease using the name "WallCandy" or do business elsewhere -- nothing more!

This Canadian woman, rather than apologizing for using someone else's trademark, gets her friends to start writing false and defamatory comments about the real WallCandy.
 
A few facts that can be verified:  WallCandy does not sell to Wal-Mart.  "WallCandy" and "Wallies" are separate companies.  I checked.  Never has.  Check for yourself.  Also, how does someone buy four items from WallCandy on Etsy.  WallCandy has never opened its store on Etsy.  Again, check this fact.  Who is being deceitful?

We need to focus on what is important here.  WallCandy Arts is following US law.  The Canadian woman can sell outside of the US using the name "WallCandy."  No issue at all.  What she cannot do is sell her art to US citizens using WallCandy Art's properly registered US trademark.  Again, that is the sole issue.

Certain friends of the Canadian woman claim that this is a David v. Goliath issue -- not so.  This is an issue of right and wrong.  For those of you who seem to be upset that WallCandy Arts planned to sell her products on Etsy, please note there are several other sellers of wall decals on Etsy.  Also, the standard for trademark enforcement includes protection from confusion to consumers.  Is it that clear that the Canadian woman using WallCandy Art's trademark is not affiliated.  The answer is, no!  A holder of a trademark has to protect from the dilution of its trademark.

Dear Author,
Please post a copy of this invoice you say you have from WCA for $160.  Unfortunately, WCA does not accept paypal and never has. 

However, until recently there was another store calling itself "wallcandy" on Etsy who did accept paypal and was operating 2 months ago, right when you say you placed your order.  You must be confused.

That's why protecting trademarks is important because people get confused.

Hi, I bought some stickers from this seller 2 months ago, $160 worth in fact, and ALL of them came in HORRIBLE shape, the design was incredibly rushed, and very choppy!! I contact her 4 times through her site, and through the Paypal account I paid through, and she didn't contact me until I put a Paypal claim through. Only then did she reply to me. She pretty much called me a liar and a cheat...and then I see this? Kettle black and all that WallCandyArts?

Besides, 
People who are saying ''this report should be removed'' are totally with WallCandyArts. AND this is filed under a REVIEW COMPLAINTS..not as a Ripoff. This site [RipOff Report] is not only for complaints of RIP OFF but of all wrong doings of companies. And far as Im concerned WallCandyArts is pathetic and tacky for pulling what she is pulling. She would be ashamed and called out =)

She is ALSO a scammer, because she does NOT handmade her items by herself like she claims. She has people working for her! she sells numerous items to Walmart, the amount she puts out to Walmart and Amazon.com is impossible for one person to make. She is a liar, a cheat and crazy to boot.

 

Wallcandy Arts does not have TM outside of the US.  The Madrid Protocol does NOT include Canada. Trademark does not include every single product named Wallcandy in the entire world.

http://www.wipo.int/export/sites/www/treaties/en/documents/pdf/madrid_marks.pdf

Wallcandy on Etsy has NOT admitted any wrong doing but is being forced to change the shop name despite selling FINE ART paintings.  Surely that would cause no confusion with plastic wall decals.  Completely different products, in different countries.

Next you will notice Wallcandy.us, also selling a product that goes on walls which would be infringement under WallCandy ARts broad idea of her TM, yet Wallcandy.us is ALSO trademarked, and yes, it's another thing that goes on walls.

There is a very strict description for the wallcandyarts TM.
http://www.trademarkia.com/wallcandy-78131636.html
DECORATIVE PLASTIC WALL COVERINGS AND WALL BOARDERS THAT ADHERE TO A PAINTED WALL SURFACE AND ARE EASILY REMOVED AND REPOSITIONED"

It's primarily under the floor covering products category.  You're comparing oranges to apples.  No infringement has taken place.  Fine art is a completely different product and category than plastic wall decals or stickers.

This report is BS from a sour grapes whench. It's unfortunate that the seller in Canada has been asked to change her name. But the law is the law. WallCandy Arts owns the trademark and has every right to protect it. Don't believe this report people! Amy is spreading lies.

Taking the same name to another venue will not make a difference; it will still be seen as infringement.

I understand why the TM'd Wall Candy is doing this...they have to protect their mark or they will lose it. However, I don't understand how Etsy can legally enforce it without the "accused" even seeing a copy of the cease & desist letter. Etsy's handling of the situation is what is wrong here; not Wall Candy Arts' desire to protect their mark.

As a person following this issue on the various blogs where it appeared from beginning to end, I'm disgusted to see this false report.  First of all, the Canadian Wall Candy has already admitted her error and conceded that the US based WallCandy Arts was well within their rights to request that she not use their trademarked name for her store.  Further, she has already set up a new Etsy shop and has gracefully moved on.

According to the Rip Off Report terms of service, users are required to warrant that their reports are truthful and accurate.  You have violated these terms of service and should be banned from this site. 

If you had any integrity at all, you would work tirelessly to repair the damage you caused to an honest company.

WallCandy LLC first used the name in 2002, first used it in commerce in 2003 and registered their trademark for WallCandy in 2004. This does pre-exist the WallCandy etsy shop by 3 years.

While WallCandy is in the US and WallCandy on etsy is in Canada there is the Madrid Protocol that allows you to extend your US trademark to 58 participating countries without having to apply for that trademark individually in all countries.

I get that it sucks for the etsy seller, but they should seek legal advice on the issue. However, it looks like they are violating the trademark from my perspective whether or not it was intentional. I don't think people should jump to conclusions on this unless they've contacted an intellectual property lawyer and know for certain that they are defending someone for the right reasons. Regardless of whether wallcandy llc sells non-handmade items off etsy, they do own the trademark to the name wallcandy and can legally request action.

How can your report be considered a ripoff? You're merely copying and pasting from a blog post you started and now wish to discredit a very reputable company simply because you're mad they have a registered trademark for a name you've been wrongly using for the past 4 years. I don't see how this report is in the best interests of anyone. WallCandy Arts is not ripping anyone off and I fail to see how your "report" proves they are. According to your report they are asking you to stop using their trademarked name. How can that be a ripoff? If anything, you're the one who is ripping them off.