Fair Usage of Trademark to Identify Product Name?

[gameshop]

Hi,

We run an online store selling virtural items.

Recently we've received a legal complaint which was directed to us via our web host that we've infringed copyright.

Although I understand that selling these virtural items violates the terms of service of the game company, I would like to leave that out of the topic because my question is on the usage of trademark.

To identify the game that we are selling the virtural item in, we inevitability have to use the company name, (i.e Playfish). So for example, a product could go like: (Pet's Society is the the game published by the game company)

20x Facebook Playfish Pet's Society Colourful Ribbons


Is this then an infringement of trademark?

Also, if say, Facebook were to contest an infringement of trademark here, would we also have to remove the words Facebook? Will then using of abbreviations like FB or Fbook work?

I mean for companies that make say iPhone casings, surely they do have to list a product like:

Steelstrong casing for Apple iPhone

Does this then consider to be an infringement of trademark?

PS: I have recently read up on fair usage with "nominative use", does this count?

 

[Michael Wechsler]

If you say that your product is compatible with ABC Co.'s products and it's clear you aren't ABC Co., there shouldn't be a trademark issue. But that is not what is happening here and I'm not sure I understand what the problem is - copyright or trademark? You mention both.