Banned from using the name HERMES

(Note: I’m going through my old blog and republishing choice articles here. Eventually the old blog will be deactivated.) Addition: This is being saved for future ref. Originally published on 2nd October 2015. The issue is still unresolved.  

If you need a history lesson I’ve been making artwork dedicated to the Greek Gods for over 10 years. In 2006 I started a business called Hephaestian Studios selling idol statues on eBay, now I sell basic designs for print apparel, t-shirts and prints etc. This artwork is always related to mythology or associated subjects.

It’s my *thing*.

A particular god whom I’ve be devoted towards is Hermes, naturally I like making art for him, but his name is a big issue when selling online because it is trademarked. Meaning, I am not allowed to use the gods name in both his cultural context and religious context.

This first started with eBay. I owned a professional store on eBay with hundreds of listings paid in advance. One morning in 2007 I woke up to find my store closed and listings removed because I infringed on a trademark.
I was shocked, all my listings were original content written by me and the artwork made, by hand, by me. After two weeks of having my business closed down, effectively losing an income. back and forth exchanges between robotic eBay customer service via email and phone I had my store restored. All but the Hermes listing.

The statue that was banned by eBay because of the name Hermes was used.

That is how I found out that the name Hermes is trademarked.

Nowadays I’ve cut back on my business and just sell prints as a devotional hobby. Today I decided to try out Society6 which has a okay reputation between my artist friends. As a traditional and ritual thing I always upload my Hermes design first on these sites.

and lo and behold I get this message:

You can see in the description that this listing is related to the Greek god Hermes. The item title is Hermes B&W. The planned image to be uploaded is this:

Reminiscing my eBay days I thought I’d politely email Society6 and explain why I should be able to use the name in correct context:

Mark Gage, October 1, 6:16pm

New member attempting to upload an original design of the Greek God Hermes. Society6 won’t let me use the name “Hermes” because it’s association with trademarked brands.
I’m using the name in its correct context related to classical Greek mythology for a deity that has been part of western culture for over 3000 years.
Their response was prompt (condensed for ease of reading):

Michela, October 1, 7:26pm

Hi Mark,
Thank you for contacting Society6 Support.
We truly do appreciate your comments and questions.
Unfortunately, in an effort to respect the rights of intellectual property owners, we are not able to support the inclusion of certain words, names, phrases, or combination thereof in artist submissions. In this particular case the word “Hermes” was used and we are not able to support the inclusion. Please replace this word to your description accordingly. All words in your listing must be accurate and refer only to the item for sale.
We understand that this particular exclusion may be overbroad as applied to your submission, and we appreciate your patience as we continue to improve our policy and process for the benefit of the overall marketplace.
We apologize for any inconvenience.
Sincerely,
Michela
So now you see my dilemma, I am effectively banned from using the name Hermes in reference and correct context for devotional items designed for the polytheist / pagan community because the name is trademarked. I am having external corporate services recommending that I use alternative names in replacement of the deity that I have dedicated my work towards.

My art, my original work, my item listings are all in correct mythological, religious and cultural context. I’m not selling other people’s trademarked work, nor taking advantage of someone else’s copyright.

I am making my own art, giving devotion and hopefully making a couple of extra bucks on the side.

Like my writing, like my art? You can now support it on Patreon. I’m offering exclusive content, from articles, art previews, tutorials and more!

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