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International Trademark Infringement / IP rights?

Posted by . updated on 11/11/2009
I launched a website about a year ago selling one single product (for exemple: photo books).
A bigger company located in the UK sent me a letter (from the CEO, no attorneys yet) stating that they own the Intellectual Property rights of this product.
They have been in business many years before me and have partnerships with big US websites. They state owning the IP rights, Copyright, general goodwill, visual effect and use of the term "PhotoBooks". After checking, I do see a "TM" next to the word "PhotoBooks" on their packaging.

My .COM domain name contains the word "PhotoBooks".

They are asking me to show good and valid reasons why my business is not in contravention with their rights or confirm in writing that I will cease my activity.

While I am anxious to avoid a conflict, I would like to know where I can check the validity of their IP rights / TM as I couldn't find anything under their company on the internet.
Furthermore, would it be sufficient if I only changed my .COM name and remove the word "PhotoBooks" from all my website pages?
What if I just put a space in between, like "photo books" instead of "photobooks"?

This is a small home based business and it is just started to show some activity.
What do I risk?
Please, any information would be greatly appreciated.
Thank you in advance,
JeanR
Answers (4)
 
JSonnabend
Jean -

Unfortunately, without specific facts (not hypotheticals), it's impossible to provide you with any useful guidance.  Also, you should not post specifics of your situation here in an open forum where the other party can find you with a simple Google search.

- Jeff
 
 
JeanR
I understand.
Would it be OK if I e-mail you directly with the real facts?
Thank you,
JeanR
 
 
JSonnabend
Jean -

A better approach would be to call. 

- Jeff
 
 
Petlover
As a sidenote, Kodak has been using and is currently using the term Photo Book in both the Kodak Gallery online and in retailers such as Walmart that use the in-store Kodak Picture Maker machines...
 

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International Trademark Infringement / IP rights?

International Trademark Infringement / IP rights?

In International Trademarks    -  updated on 11/11/2009
I launched a website about a year ago selling one single product (for exemple: photo books).
A bigger company located in the UK sent me a letter (from the CEO, no attorneys yet) stating that they own the Intellectual Property rights of this product.
They have been in business many years before me and have partnerships with big US websites. They state owning the IP rights, Copyright, general goodwill, visual effect and use of the term "PhotoBooks". After checking, I do see ...