More details to this question:
I have been selling NATO straps on the Internet & eBay for 5 years.
Recently a vendor trademarked "NATO strap" along with everything else he could think of to put NATO in front of.
I changed my listings from "NATO strap" to "G10 military strap as worn by our NATO forces". I also use "G10 strap for issued military watch from any NATO country".
He has eBay remove these new listings for violating his trademark. I don't think I'm violating any trademark with these listings.
eBay does no research at all.
If someone claims a listing violates their trademark, eBay pulls it and after a few pulled listings, you are banned from e Bay.
I am planning to file a counter notice. The trademark owner is in Ohio and I am in GA . I don't think he will take me to court. But if he does, is my case valid?
2 ANSWERS
Appellate Litigation Attorney serving Boston, MA
at
Banner & Witcoff, Ltd.
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You may have a case - but it could be an expensive battle. NATO to only "some" people stands for the North Atlantic Treaty Organization. You have sold watch straps using what you consider to be a generic definition of the goods - "NATO" straps - that is, watch straps based on NATO (originally British) military specifications. You are correct that the Ohio company has secured several US Federal Trademark Registrations which include the acronym NATO. Thus, if you use NATO in any manner that is likely to cause confusion - you can be sued for trademark infringement.
Answered on Feb 25th, 2013 at 8:26 PM
Intellectual Property Attorney serving South Jordan, UT
at
Pearson Butler
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Using terms in a descriptive way, like G10 military strap as worn by our NATO forces, is generally not trademark infringement.
Answered on Feb 25th, 2013 at 2:55 PM