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Re: trademark violation?

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Posted by M Arthur Auslander on March 22, 2002 at 23:16:31:

In Reply to: trademark violation? posted by Deseroka on March 22, 2002 at 10:48:30:

: I was contacted today via email from someone who had visited a site I run that offers gifts, collectibles, candles, incense, etc. One of the categories I have for items is called "Soothing Sensations". I offer in this category the incense, aromatic oils, wind chimes, etc. I find all to be a "soothing sensation". I received an email from a woman who's company owns the federal trademark for Soothing Sensations, I checked to confirm. She states I am in violation for using the name on one of my products. I'm not using the name for one of my products, but as a category for several products. I searched on Google and returned 10 pages of results for "soothing sensations". Am I and all of these people who use this descriptive term in violation of her copyright?
: Thanks

Dear Deseroka,
It is not "use" but the way you use it that counts. It is not entirely clear what risk is involved.

M. Arthur Auslander

Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
ELAINE's Workshop®
E arly L egal A dvice I s N ot E xpensive(sm)

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: : I was contacted today via email from someone who had visited a site I run that offers gifts, collectibles, candles, incense, etc. One of the categories I have for items is called "Soothing Sensations". I offer in this category the incense, aromatic oils, wind chimes, etc. I find all to be a "soothing sensation". I received an email from a woman who's company owns the federal trademark for Soothing Sensations, I checked to confirm. She states I am in violation for using the name on one of my products. I'm not using the name for one of my products, but as a category for several products. I searched on Google and returned 10 pages of results for "soothing sensations". Am I and all of these people who use this descriptive term in violation of her copyright? : : Thanks : Dear Deseroka, : It is not "use" but the way you use it that counts. It is not entirely clear what risk is involved. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive(sm)

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Re: trademark violation?

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