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  1. #1
    Join Date
    Feb 2012
    Location
    Denmark
    Posts
    3

    Question Using Registered Trademark in a Company Name and Content of a Website

    Hi,

    First of all, I search the forum, and was not able to find anything that relates to this issue. My apologies if this topic already exists.
    Now back to my issue...


    I have a personal blog, where I wrote a review about a company. This was, of course, a negative review, but very accurate description, according to my experiences with this company.
    So the other day, I got an email from their "Compliance Office" threatening me with legal actions of trademark infringement and defamation.

    This company has their name trademark registered, but trademark description on USPTO is only for the logo and colouring. I replied to the compliance officer, and informed that I have removed the logo from the review. But he still insists that trademark is violated as I am clearly using company name on that blog post.

    So my question(s) is;
    Can trademark registration be used to prohibit usage of company name (reg. trademark) in a review?
    For me this does not make any sense, as this would make a company able to prohibit usage of any trademark registered word in any sense of that word? And this would in return be in conflict with freedom of speech? Or am I wrong?
    Can company prohibit usage of its name or registered trademark in textual context, just because it is registered trademark. This was not attempt to mimic or fake company's products in any way, especially not commercial usage. But as a review of a company on a personal blog.

    To clarify personal blog: this is in no way commercial blog, and was used just to inform public of my experience with this company. I understand that bad publicity is not something any company wants, but to stop it by claiming trademark infringement, is not something I can accept.

    I have of course removed the content, until I research the issue, if they are well within their right to claim this, or not. If it turns out to be outside the scope of their trademark registration, I am planning on returning the content back online, and writing a new review.

    Any legal advice would be appreciated.

    Some more info:
    Trademark is US and International registered.
    Personal blog is in Danish language.


    Thank you very much.
    Dahin

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Using Registered Trademark in a Company Name and Content of a Website

    I can't vouch for Danish law, this is a US forum.

    In the US, you can use a company name or trademark in descriptive text: "I bought a Sony TV at Walmart today and it didn't work" for example is not trademark infringement on either Sony or Walmart. If your blog name (trademark or nots) is some disparaging comment on the company "SonySucks.COM" or something like that, you may have an issue.

    As for defamation, truth about your experience is a usual defense. Absence of malice even on opinion or things of questionable veracity is also.

    It's real easy to write a scare letter to try to get you to go away.
    It's a little harder to file a lawsuit (especially internationally).
    It actually takes a concerned case to win.

  3. #3
    Join Date
    Feb 2012
    Location
    Denmark
    Posts
    3

    Thumbs up Re: Using Registered Trademark in a Company Name and Content of a Website

    Hi flyingron,

    Thank you very much for the swift and clear reply.
    I am aware of this is US forum, this was my intention, as the compliance office is US based, and I wanted to see what it says in the US law about trademark infringement. As I am clearly not a lawyer and never had any issue with the law before, I don't know how things work, so just wanted to cover my bases. So I don't end up in a lawsuit because of nothing. My opinion on the company is not of vital importance to me, to end up in court because of it.

    But now, I feel a bit spiteful, when I know they are overreaching (see, this I learnt this from US TV shows)

    My blog is not on purpose created for this review, only mentioning of the company is on the couple of posts related to the review. So I think, I am well within my right to mention them in this context. Will research this for Danish law as well, but I don't think it's that much different from the US law.

    I have follow-up question...

    I know, you don't have a blog post here, and can't take every word into consideration that I wrote, but will they be able to take legal actions against me on another matter, if I spite them in a new blog post?
    Like, would they be able to find some kind of loophole and take me to court on some technicality? Playing David and a Goliath...

    Thanks once again.
    Keep up good job, this forum is really nice place to learn things about law and full of helpful members.

    Best regards
    Dahin

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Using Registered Trademark in a Company Name and Content of a Website

    if they want to spend the money, they could file any number of lawsuits with little recourse from you other than doing what it takes to defend them. If they are frivolous and if there are enough of them, you could file a suit to demand they stop acting as they are. All the while, presumably it is costing you money which can be a means to punish you.


    in other words: they really don't have to have a valid legal reason to sue you. All they need is the desire and the money to file the suit. The courts review will determine if is has any merit.

  5. #5
    Join Date
    Feb 2012
    Location
    Denmark
    Posts
    3

    Default Re: Using Registered Trademark in a Company Name and Content of a Website

    Hi jk,

    Thank you for the reply.
    That's what I thought situation might be like.

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