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[JSonnabend]

Regarding your letter in defense of your design, I suspect this will make no difference to the company.

When you sign up with a print-on-demand site like Zazzle and CafePress, you agree to policies that allow them to delete or reject any designs you submit, for any reason (or without a reason).

These businesses are thin-margin, and avoid legal conflicts if at all possible.  Hence, if they get a complaint, they will generally reject your design and any similar designs.  It isn't a question of who is "right."

You may get lucky, but in general I've found that arguing doesn't help.

I am not at all surprised to hear that.  The real cause of action would be against the complaining party, possibly for both declaratory judgment of non-infringement and perhaps for tortious interference.

- Jeff

[Kaitlin]

I have re-posted the "Future [design phrase]" design. in the description for the product, i have put, "For more [design phrase] designs search XXXXXXXXXX." A little childish I know, but what makes you feel better...

Yikes!!!!!
What "makes you feel better" could get you in buckets of hot water, if I correctly understand that XXXXXXXXXXXXX is the company that claims trademark rights in [the design phrase]. 

This is just the sort of thing an opponent could twist to try to show that [the design phrase] is in fact being used as a trademark.  First, using [the design phrase] as an adjective makes the phrase look more like a trademark than like speech/design.  Second, telling people to search XXXXXXXXXXXXX could be twisted to make it appear like you're trying to act like you are connected with XXXXXXXXXXXXX. 

[Metrostar]

No, XXXXXXXXXX is the Store Host.

Thank you for your advice. Noted.

Thanks again for all your replies. I just want to say that I am not completely naive about certain things and also, have taken everything on board that has been said in this thread. I do really appreciate it.

That said, I am the sort of person who likes to try a few things and exhaust possibilities whenever I can, so I can be sure about something before moving on.

Anyway, I heard from XXXXXXXXXX (Store Host) today with three (so far) "Content review" emails. "Future Drama PERSON, Don't Mess With My First Amendment Right To Refer To Myself As A Drama PERSON Whenever And However I Want To Or I Will Be Very Displeased. Got It? and Country MALE PERSON, Deal With It!" have all been removed from XXXXXXXXXX (Store Host). I expect "Country FEMALE PERSON, Deal With It!" to be removed also. 2,810 other products with "Drama PERSON" either on them or in the tags have not been removed.

I have just sent email that has this in it:

Thank you for your emails regarding the content review on our designs. Could you please explain to us why 2,810 products in the XXXXXXXXXX (Store Host) market place have the words "Drama PERSON" actually on them or in the tags, and yet it is only our design (Future Drama PERSON) that is being removed?

I really feel that this is the end of the line now. XXXXXXXXXX (Store Host) are not going to appreciate any more emails and the main part of the store is doing very well and we haven't had any complaints. I seriously do not expect them to answer my question about the other designs that are the same as ours being allowed to remain either.