QUESTION
Will I violate a trademark if I use part of the trademark as an adjective?
Asked on Feb 20th, 2013 on Patents - Georgia
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 keeps having 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 eBay. 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 or not. Thanks.
1 ANSWER
Your descriptions appear to be entirely proper descriptive usages and you may be able to threaten the registrant with an action for unfair competition and could possible seek cancellation of the trademark registration, but insufficient information exists to comment on that possibility.
Answered on Feb 21st, 2013 at 3:15 PM