Je wilt de volgende vraag rapporteren aan de redactie:

blackblossom - 30-07-2010 11:05:33
Geldzaken & Recht

Buitenlandse partij eist naamsverandering wegens te grote overeekomsten?

Ik heb net een supergoed kant-en-klaar antwoord gekregen:

my european trademark attorney wrote me this:
"under european trademark law, an absolute requirement is registration. there is no registered or published pending trademark application for happy herbivore or any variation i can think of. there is no way for her to sue for trademark infringement at this time. if she claims to have a nonpublished pending application, we'll have to wait until it is published so we can file an opposition (protest) based on your prior use in the european union. it's illegal by the way to falsely claim you have a pending application.

we do not have anything similar to the common law trademark right of the us. if it's not registered, you have no rights, no matter how long you used it.

she talks about "suing for copyright infringement" but that is something else entirely; we are talking about trademarks, not copyright. there's no way she can sue for copyright infringement over just the word happy herbi.

you are not active in the us so i don't see how you would infringe a us trademark. if she falsely represents to twitter or facebook that you are doing so, you'd have grounds to sue her for damages. the tos for these services require that you *infringe* a trademark, not merely that you have a username that is similar to someone's trademark somewhere in the world."

hopelijk ben ik nu van haar af.
of het wordt juist nog erger...