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Author Topic: trade mark infringement  (Read 937 times)

fzx5v0

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trade mark infringement
« on: 02-25-06 at 09:16 am »

Hi

I have a website that sells compatible epson printer cartridges.

I have recieved a letter from Epson that make valid points about there trade mark and i have agreeded to change my site.

I have a navagation bar to get to the compatible cartridges and the linke to the compatible cartridges text is

Epson Printer Cartridges

is this ok or is it trade mark infringment.

Thanks

For any advise
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CriterionD

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Re: trade mark infringement
« Reply #1 on: 02-25-06 at 11:32 pm »

according to my understanding of trademark law,

"Epson Compatible Printer Cartridges" might not represent infringement

in the phrase "Epson Printer Cartridges," the word Epson in itself is clearly being used to describe printer cartridges.  Therefore, it could certainly be considered as trademark infringement.

JSonnabend

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Re: trade mark infringement
« Reply #2 on: 02-27-06 at 07:53 am »

Because CriterionD hasn't provided any analysis, I'm not sure why he reaches the conclusions he's reached.  My guess is that he's analyzing the nominative nature of what you're doing.   He's jumped to some conclusions, however, in his desire to give you concrete advice, as non-attorneys often will.

I believe the more correct answer is that the more your chosen language suggests the cartridges are Epson brand cartridges, the more likely you'll be to run afoul of Epson's trademark rights.  On the other hand, the more your chosen language indicates your cartridges are merely compatible with Epson brand printers, the more likely you'll be ok.  

In your phrase "Epson printer cartridges", it's not clear whether "Epson" modifies "printer" or "printer cartridges".    The more one believes it's the latter, the more likely you'll be considered infringing.  Without looking at the site as a whole, that's about all one can accurately tell you.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
 



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