Legal challenge may force Lancaster business to change name

A business in Lancaster will probably have to change its name after receiving notice of a trademark infringement.Lush Bazaar in Lancaster is a unique boutique with clothing and home goods made in India.”I think what I am offering is one of a kind. really is about heart and about art,” owner Timbrel Chyatee said.The clothing designer started her business in 2014 with a team in India. “I just put the name bazaar and lush because everything in here is lush and beautiful and bright, and so that kind of stuck with me – Lush Bazaar,” she said. But the use of the word “lush” has proved to be a problem.The web service Weebly contacted Chyatee about a trademark infringement complaint from Pinkette Clothing, which also operates under the name Lush Clothing.The complaint said Lush Bazaar was not authorized to manufacture, sell or distribute clothing under the trademarked name “Lush.” Records show the name was trademarked in 2010.An attorney for Pinkette confirmed the complaint. “I first thought it was still not possible, but I just couldn’t believe that this was happening to my small business,” Chyatee said.Her website was shut down.”When you type in Lush Bazaar on Google, it will just give you a 404 page, which means that it’s just not able to register the website. , Chyatee’s brother.Chyatee said subscription boxes were selling well online. Customers received one every three months with a variety of Lush Bazaar items, and the box says Lush Bazaar.”We tag everything. We have to buy the tags – from the paper tags to the clothing tags – so it’s going to be very expensive to change everything,” she said.But she said it would be more expensive to fight it.”It won’t change the fact this is an amazing store if she has to change her name,” customer Diane Richards said.Chyatee hopes to come up with a new name soon and rebrand her business.

A business in Lancaster will probably have to change its name after receiving notice of a trademark infringement.

Lush Bazaar in Lancaster is a unique boutique with clothing and home goods made in India.

“I think what I am offering is one of a kind. It really is about heart and about art,” owner Timbrel Chyatee said.

The clothing designer started her business in 2014 with a team in India.

“I just put the name bazaar and lush because everything in here is lush and beautiful and bright, and so that kind of stuck with me – Lush Bazaar,” she said.

But the use of the word “lush” has proved to be a problem.

The web service Weebly contacted Chyatee about a trademark infringement complaint from Pinkette Clothing, which also operates under the name Lush Clothing.

The complaint said Lush Bazaar was not authorized to manufacture, sell or distribute clothing under the trademarked name “Lush.” Records show the name was trademarked in 2010.

An attorney for Pinkette confirmed the complaint.

“I first thought it was still not possible, but I just couldn’t believe that this was happening to my small business,” Chyatee said.

Her website was shut down.

“When you type in Lush Bazaar on Google, it will just give you a 404 page, which means that it’s just not able to register the website. It’s kind of difficult to figure out how to continue our online sales, if we would do it through Instagram or Facebook or just something like that,” said Hanniel Adidala, Chyatee’s brother.

Chyatee said subscription boxes were selling well online. Customers received one every three months with a variety of Lush Bazaar items, and the box says Lush Bazaar.

“We tag everything. We have to buy the tags – from the paper tags to the clothing tags – so it’s going to be very expensive to change everything,” she said.

But she said it would be more expensive to fight it.

“It won’t change the fact this is an amazing store if she has to change her name,” customer Diane Richards said.

Chyatee hopes to come up with a new name soon and rebrand her business.

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