dennispatrick
Newbie
Posts: 2
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"I Love NY" Very Sticky Problem.
« on: Jan 29th, 2006, 4:15pm » |
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Hi, I own the website www.iloveanything.com We sell custom "I heart" t-shirts that customers can make say they love (blank). Recently I have been contacted by NYState Economic Development. Stating that I am infringing upon their trademark since I use an "I and a HEART". They said something like I am creating an avenue or somebullnuts to infringe on their I love NY logo. I told them we do not sell any I Love NY shirts and also that we can sell an I love Shirt to anyone with whatever they want on it, because we are simply a Screen printer and only producing what the customer requests. If you go to your local screen printer and say please make me 50 I love NY shirts, they will because a screen printer can not go researching every customer to make sure you have permission and granted rights.
Also the t-shirts on our site are only a preview of what the customer is ordering. Our terms of use page state that the liability is on the customer and they assume all rights and permissions regarding trademarked text. Anyways, check out my terms page and take a peak at the site. Does the NY Dept have any grounds? Do they really own the trademark "I heart" and any possible word following it? They are threatening to shut my site down if I don't work something out with them such as limit my customers to a minium of 3 letters. What do you guys think?? Are they just hating on me because I'm doing so well? ......I do have my attorneys taking care of this matter... but in the mean time i am just curious as to how this is going to play out.
thanks
-Dennis
p.s. If i am in the wrong then aren't the largest online t-shirt sellers in world as well suxh as customink.com, spreadshirt.com, customglamgirl.com customizedworld.com All our custom online printers that will print a shirt to say anything you want including I Love (Blank).
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