Honest Toddler vs. Honest Company in Trademark Dispute

[pixy0stix]

Again? I thought they had reached out to her to do a review/giveaway a couple of months ago.

[pixy0stix]

Don't say "honestly" they might sue.

[thejackpot]

This is making me not like the Honest Co. Not that I bought anything from them but still

[Deleted]

It's so stupid. No one is confusing. Humor site with one that sells diapers. hT agreed to sign a document promising to never compete. That should be enough.

[Deleted]

I'm just now getting my H to understand the difference between the two. 

[SusanBAnthony]

What about Honest Tea? There must be lots of companies with honest in their name.

I am pro HT.

[vanillacourage]

I can sort of see HC's point that once the blog turned into a (prospective) TV show, the game changed.

Is it clearly known who started using the name and/or trademarked it first?

Here in town we had an animal shelter that picked a generic name (think Midwest Animal Shelter or something similar) and was sued by a vet office with the same name, because the vet's office was 20 years old and was able to prove that they had multiple people each day looking for them and ending up at the animal clinic, or vice versa.

[StrawberryBlondie]

I don't know anything about Honest Toddler or Honest Company other than they're both baby oriented. Honestly, with my little knowledge, I'd probably assume they're related. Like if someone told me the former is a blog, I'd probably think it was a blog by the latter company.

Sent from my Nexus 7 using proboards

[vanillacourage]

HC should have registered thehonesttoddler.com at the same time they registered honesttoddler.com, as well as many other possible permutations (and, at .com, .org, .net, etc). Big oversight on their part.

[ttt]

Jul 28, 2013 15:26:12 GMT -5 StrawberryBlondie said:

I don't know anything about Honest Toddler or Honest Company other than they're both baby oriented. Honestly, with my little knowledge, I'd probably assume they're related. Like if someone told me the former is a blog, I'd probably think it was a blog by the latter company.

Sent from my Nexus 7 using proboards

I actually thought both of them were related to Honest Tea.

[StrawberryBlondie]

Jul 28, 2013 15:28:20 GMT -5 ttt said:

Jul 28, 2013 15:26:12 GMT -5 StrawberryBlondie said:

I don't know anything about Honest Toddler or Honest Company other than they're both baby oriented. Honestly, with my little knowledge, I'd probably assume they're related. Like if someone told me the former is a blog, I'd probably think it was a blog by the latter company.

Sent from my Nexus 7 using proboards

I actually thought both of them were related to Honest Tea.

I also didn't know there was such a tea company. But now that I do, yes. I think it's reasonable to assume all 3 are related.

Sent from my Nexus 7 using proboards

[thejackpot]

And none of these are related to Honest Green?

See where this is going.

[ttt]

Jul 28, 2013 15:34:29 GMT -5 @dontcallmeshirley1 said:

Does anybody else really hope a shill from the Honest Company finds this thread and comes in here, guns blazing, defending them b/c of all the bad press they are getting? We haven't had a shill in awhile.

The only thing that would make me sad about that is the fact that it's Sunday. If it happened tomorrow, I would be SO happy.

[Miss Phryne Fisher]

I could have sworn a few week ago that there was some FB hubub about The Overpriced Diaper Company harassing Honest Tea over use of the word Honest, though the tea has been around longer. A couple thousand FB posts about it, people saying they would never buy from Overpriced Diaper Company and then poof...half-assed apology then it was all gone. Did I imagine that? Was it months ago?

[Deleted]

Jul 28, 2013 15:35:23 GMT -5 ttt said:

Jul 28, 2013 15:34:29 GMT -5 @dontcallmeshirley1 said:

Does anybody else really hope a shill from the Honest Company finds this thread and comes in here, guns blazing, defending them b/c of all the bad press they are getting? We haven't had a shill in awhile.

The only thing that would make me sad about that is the fact that it's Sunday. If it happened tomorrow, I would be SO happy.

Hopefully someone will bump this post tomorrow, then?

[foundmylazybum]

Jul 28, 2013 15:25:00 GMT -5 @dontcallmeshirley1 said:

Jul 28, 2013 15:21:42 GMT -5 vanillacourage said:

HT started originally as Honest Baby. Honest Company got wind of this and registered for honesttoddler.com without ever using it until yesterday to post their side of the story. This is why HT is thehonesttoddler.com. 

OMG. Read this very quickly and you will see that there is no difference at all.

It's like that spelling test where your eyes just automatically correct.

[pixy0stix]

I rolled my eyes hard when reading "their" side of the story. Also, their email address doesn't work on that page.

[heyjude]

I get them mixed up. But I think this a bad business move for HC, a popular baby product company, to attack HT, a popular baby blog. Their audience is the same and there will be blood when they go after each other.

[Deleted]

Jul 28, 2013 15:25:00 GMT -5 @dontcallmeshirley1 said:

Jul 28, 2013 15:21:42 GMT -5 vanillacourage said:

I can sort of see HC's point that once the blog turned into a (prospective) TV show, the game changed.

Is it clearly known who started using the name and/or trademarked it first?

HT started originally as Honest Baby. Honest Company got wind of this and registered for honesttoddler.com without ever using it until yesterday to post their side of the story. This is why HT is thehonesttoddler.com. 

Now see, I didn't even know this blog existed, just the book. 

But thanks to this dispute, HT will get more blog traffic now. Way to go, HC! :Y:

[foundmylazybum]

Jul 28, 2013 16:12:12 GMT -5 @dontcallmeshirley1 said:

Jul 28, 2013 16:06:48 GMT -5 foundmylazybum said:

OMG. Read this very quickly and you will see that there is no difference at all.

It's like that spelling test where your eyes just automatically correct.

Ok, fine, but my point is that they didn't even use the domain name until yesterday in response to HT. They brand themselves The Honest Company. Also, "Honest" is a descriptor in plain English, and as such, is an incredibly weak TM. HT already agreed to not sell any diapers or organic baby products. 

Oh don't get me wrong--I'm totally on board.

I think it's hilarious!

[pugz]

I almost bought some Honest Company bath wash and shampoo at Costco the other day but didn't because it was Costco sized and I don't need that much. Then I wake up and see they are harrassing Honest Toddler and I'm verrrry glad I didn't buy their product.

I just finished reading Honest Toddler's book, which is awesome. I am firmly in the HT camp and made sure to let Honest Company know on their FB today, with a nice little GFY. Jessica Alba needs to rein that bad PR shit in, stat.

[Deleted]

Jul 28, 2013 15:30:32 GMT -5 StrawberryBlondie said:

Jul 28, 2013 15:28:20 GMT -5 ttt said:

I actually thought both of them were related to Honest Tea.

I also didn't know there was such a tea company. But now that I do, yes. I think it's reasonable to assume all 3 are related.

Sent from my Nexus 7 using proboards

Yeah, they make Honest Kids beverages. I learned this about five seconds ago googling to make sure the HK juice I bought (for the first time) wasn't from the Honest Co. 

And it's not. Because Coca-Cola owns it. 

[redheadbaker]

Team HT.

[Deleted]

I think honest kids is so much easier to confuse with honest company since they also sell kids products. But Hc will never take on coke, lol.

[pixy0stix]

Jul 28, 2013 19:11:02 GMT -5 @irishbride said:

I think honest kids is so much easier to confuse with honest company since they also sell kids products. But Hc will never take on coke, lol.

At this point I'd love a HK vs HC showdown, though.

[runforrest]

I think HC has a very good case here, especially if they already own registers trademarks for honest company, honest toddler, etc. it does not surprise me that they sent HT a cease and desist when they found out about the pending TM application....they likely send out tons of these letters and have someone that searches the web and Trademark Office records for TMs with "Honest" in them and are for similar goods and services.

As an IP lawyer, the test is for likelihood of confusion, and their are like 8 factors that are considered, including the appearance of the names, whether they sell/market similar goods/services, whether the names sound the same, evidence of actual confusion. A lot of these factors can be argued for HC. To the ordinary consumer, there is likely some confusion that they are related, which HC can show if, for example, they've received emails or inquiries about whether they are related to HT.

I agree that it sucks for a big fish like HT to go after a blogger, but in the business and legal sense, it sounds about right.

Sorry if long winded. I used to send these types of letters all.the.time when I did trademark stuff at my old firm.

[starlily]

When I first heard of Honest Company, I thought it was ripping off Honest Tea. I hope the O.G. HT takes on Honest Company as well.

Jessica Alba sucks.

[heyjude]

Jul 28, 2013 21:22:52 GMT -5 runforrest said:

I agree that it sucks for a big fish like HT to go after a blogger, but in the business and legal sense, it sounds about right.

Lol. I think you just hit the nail on the head.

[Deleted]

But how are they similar services? Just because kids are involved? One is just a humor site that sells no product (other than a book of her humor). The other sells products that are kid consumables like diapers and cleaners. They are not similar services. hC and HK are similar services though.

eta: I also thought HT had been around longer. Can a company come in and trademark someone elses name that they don't use and then force someone who already had that name to give it up? Especially when its a generic descriptor word?

[somersault72]

HT 4eva!