Got lawyers call threatening to get sued for trademark infringement...
I have been copying designer earrings (old designs no longer current), without the designer logo, without the designer name, and never at any stage claiming they are designer earrings, nor ever making mention of the designers name. BTW in a random population sample, I would say 1 in 10 000 people in USA might identify the earrings by naming the designer.
Lawyer claims the trademark also covers the "shape of the earrings" - not just the name..... I thought they would need a patent for this?
is this true or scare tactics? I am pasting their trademark here (name removed).... the lawyer referred me to this trademark:
Word Mark AB
Goods and Services IC 014. US XXXX.
G & S: Jewelry. FIRST USE: 20080300. FIRST USE IN COMMERCE: 20080300
Mark Drawing Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
Trademark Search Facility Classification Code SHAPES-GEOMETRIC Geometric figures and solids including squares, rectangles, quadrilaterals and polygons
Serial Number XXXXX
Filing Date October, 2008
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition March, 2009
Registration Number XXXXX
Registration Date May, 2009
Owner (REGISTRANT) XXXX
Main Street Brooklyn NEW YORK 11201
Attorney of Record Oliver R. Chernin
Prior Registrations XXXXX
Description of Mark Color is not claimed as a feature of the mark. The mark consists of the wording "AB" in stylized lower-case lettering, the individual term "AB" placed above the individual term "XXXXX".
Type of Mark TRADEMARK
Register PRINCIPAL
Other Data The name(s), portrait(s), and/or signature(s) shown in the mark identifies AB, whose consent(s) to register is made of record.
Live/Dead Indicator LIVE
I have been copying designer earrings (old designs no longer current), without the designer logo, without the designer name, and never at any stage claiming they are designer earrings, nor ever making mention of the designers name. BTW in a random population sample, I would say 1 in 10 000 people in USA might identify the earrings by naming the designer.
Lawyer claims the trademark also covers the "shape of the earrings" - not just the name..... I thought they would need a patent for this?
is this true or scare tactics? I am pasting their trademark here (name removed).... the lawyer referred me to this trademark:
Word Mark AB
Goods and Services IC 014. US XXXX.
G & S: Jewelry. FIRST USE: 20080300. FIRST USE IN COMMERCE: 20080300
Mark Drawing Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
Trademark Search Facility Classification Code SHAPES-GEOMETRIC Geometric figures and solids including squares, rectangles, quadrilaterals and polygons
Serial Number XXXXX
Filing Date October, 2008
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition March, 2009
Registration Number XXXXX
Registration Date May, 2009
Owner (REGISTRANT) XXXX
Main Street Brooklyn NEW YORK 11201
Attorney of Record Oliver R. Chernin
Prior Registrations XXXXX
Description of Mark Color is not claimed as a feature of the mark. The mark consists of the wording "AB" in stylized lower-case lettering, the individual term "AB" placed above the individual term "XXXXX".
Type of Mark TRADEMARK
Register PRINCIPAL
Other Data The name(s), portrait(s), and/or signature(s) shown in the mark identifies AB, whose consent(s) to register is made of record.
Live/Dead Indicator LIVE
