Trademark Advice Please

Discussion in 'Legal' started by Scott Robinson, Nov 30, 2018.

  1. Scott Robinson

    Scott Robinson UKBF Newcomer Free Member

    2 0
    Hi,

    We are a LTD company and have been trading for 4 years. We sell our own branded products online, on Amazon and Ebay. We've not registered an official trademark for our brand name.

    We've been approached by a small company in Germany with a similar brand name who sell similar products and are asking us to cease and desist immediately using our name on our products. As they hold a trademark to a similar brand name in the same sector. (They sent a link, they do hold a trademark for the mark "Doctorcase" since 2014)

    Our brand name : Case Doctor
    Their brand name : Doctorcase

    Does their trademark apply only to Germany? Is this a genuine claim although our names are not the exact same?

    Is there anyone who can offer advice / help us with this?
     
    Posted: Nov 30, 2018 By: Scott Robinson Member since: Nov 30, 2018
    #1
  2. dotcomdude

    dotcomdude UKBF Regular Full Member

    185 26
    They could hold a registered trademark in the UK, Germany and/or the EU. You should be able to track down which of these it is.

    Also, is it the word they have registered, or a logo incorporating the word? There's a difference.

    If I had received it, my instinct would probably to ignore the cease and desist letter - believing that your name isn't confusingly similar to theirs - especially if as you say they are a small company.

    You'd be best seeking advice from a trademark lawyer. If no-one chimes in on here, you could use something like justanswer.co.uk to get a slightly more formal opinion...
     
    Posted: Nov 30, 2018 By: dotcomdude Member since: Jul 27, 2018
    #2
  3. Scott Robinson

    Scott Robinson UKBF Newcomer Free Member

    2 0
    Thanks for your reply,

    His trademark is for the text "doctorcase". No image. looks to be registered in Germany only.

    Our main issue about just ignoring it, is he is complaining to Amazon DE about an infringement of copyright. Amazon simply remove your listings if someone complains, without judging if its correct or not, and if it happens a few times can ban your whole Amazon seller account.
     
    Posted: Nov 30, 2018 By: Scott Robinson Member since: Nov 30, 2018
    #3
  4. Gecko001

    Gecko001 UKBF Enthusiast Free Member

    2,839 443
    Disregarding whether there is a trademark or not, they might get you on passing off law if they can prove they are losing business because prospective customers are confusing your product with their product. A few google searches taking the role of a prospective customer might give you some insight into whether they will have much of a case or not.
     
    Posted: Nov 30, 2018 By: Gecko001 Member since: Apr 21, 2011
    #4
  5. dotcomdude

    dotcomdude UKBF Regular Full Member

    185 26
    Oh yeah, unfortunately Amazon only abide by the law that Amazon sets - and even that is subject to some fluctuation.

    Apart from doing the obvious things, I'd have a look on sellercentral.amazon.co.uk/forums/ to see if you can glean anything from there - and start thinking about a backup plan (another brand and maybe account if possible).
     
    Posted: Nov 30, 2018 By: dotcomdude Member since: Jul 27, 2018
    #5