Re: A Trademark Enfringement????????

Subject: Re: Re: A Trademark Enfringement????????

Comments:
: Dear Lynn, : I'm just a second year law student so please don't take what I say as legally binding. : Although I am unclear on some facts, from what I can tell, the question of whether you are infringing is going to be a close call. : When evaluating infringement a judge is going to consider whether the viewer's of the tv show are likely to believe that you are actually affiliated with the owners of that show. The judge will employ a "likelihood of confusion test". Given the factors of this test I believe that you would have a weak case against your present infrigement problem. : However, you may have available to you a "Nominative Use" defense which may allow you to continue to advertise your product "as seen on". : However, I believe in your case this would be a weak defense. : If you have further questions it would be best to contact a trademark attorney. : Best of luck, : Jason Yearry : I have a line of clothing which is a registered trademark, and I sell this line of clothing on various internet sites. My line of clothing has been worn by celebrities on television shows. In advertising my clothing I have indicated the names of the television shows as a reference point. I have now been notified by the television show that I may not use the name of the show in my caption as I am violating their trademark. Fictitious Example: "Red Shirt As Seen On TELEVISION SHOW"! If the other party's name TELEVISION SHOW is a registered trademark have I violated their rights by indicating "as seen on"?

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