“Due In” Maternity T-Shirts by Samson Martin on Shark Tank

Kim Preis appeared on this week’s Shark Tank with her line of maternity t-shirts featuring the phrase “Due in.”  As in, “My baby is Due In November,” or “I am Due In September.”

Preis said that her company, Samson Martin, has sold $1.4 million worth of these shirts, but that sales have declined in recent years due to the ongoing recession. Last year’s sales totaled just $90k.

When asked what sort of legal protections she has in place, Preis told the Sharks that she has a federal trademark on the phrase “Due In” when used on clothing.  A search of TESS records shows that Samson Martin did file for a trademark in 2004, and that her trademark issued in September, 2006 with a first use in commerce date of January 2004.

Samson Martin’s trademark doesn’t seem to have stopped others from producing “Due in” shirts. A quick search of Amazon shows that other retailers offer “Due in” shirts, at a price far below Preis’. If she believes her mark is enforceable, she might want to think about having her attorney work on a few cease and desist letters. 

Then again, maybe Preis is behind the seeming “knockoffs” – she did tell the Sharks that she was looking to create a less-expensive line of Due In shirts for sale at lower-end retailers like Target, JC Penney’s, or Kohl’s.

You can purchase Samson Martin T-shirts here, or view the (possibly infringing?) clothing items at Amazon.

3 Comments

  1. Please see that Ms. Preis gets this….Because of the cost of baby clothes, baby furniture and all the accessories you need for the NEWBORN coming in your life. Because of the fact that these tops cannot be worn after a pregnancy, it might be deem fit to lower the prices, this way they will be bought more than regular, your too pricey for most women all due to the fact what the shirt says “due in”…..you gonna wear it after that date?

  2. SUZI VEGA says:

    Hi Kim, I watched the Show that You appeared in on Shark Tank. I came up with an Idea of how to promote more Sales. I hope You Email Me so that We can talk about it. Take Care. Suzi Vega.

  3. Kelly Barrett says:

    Hello, I received my first due in March Tank as a gift And loved it!
    When I got pregnant with my second.. I bought it for myself and still loved it !
    Celebrating your pregnancy is one of the fun parts of pregnancy.. As opposed to morning sickness..
    Thanks for making this product and if I have a third.. Ill buy another :).
    Good luck & Thanks for the creativity!
    Kelly
    Ps.. There’s a few great boutiques in Red Bank, NJ you should check out too!

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