I was just messaged on my E-bay account that I am violating someones trade mark by using the words "Fit over" rhinestone sun glasses. Their trademark is the word FITOVERS with an s and capital letters. The glasses I sell fit over prescription glasses. Anyone know anything about this legal type stuff that can give me input. My thought is the wording would have to be exact which it is not. Going to try and paste what was sent to me. Jonathan Paul Eyewear, Inc. and Lava Limited (JP Eyewear) own an uncontestable, federally-registered FITOVERS® USPTO Reg. No. 2129322. This gives us EXCLUSIVE right to use the mark to distinguish our sunglasses from others. Laws prohibit conduct confusing consumers as to the source of goods. Infringement occurs when unauthorized and inappropriate use, like "fit over", likely causes confusion, especially when used with a similar product in this instance. Your listing(s) include use similar to or identical to the registered FITOVERS® mark and this conduct infringes on our valuable intellectual property rights. We do not permit third parties to use our trademark with sunglasses not affiliated with our company. FITOVERS® is a unique brand identifying our products with our company-- not a general term. Please immediately and permanently remove infringing use of our uncontestable, federally registered trademark, FITOVERS®. Thank you in advance for removing the infringement today. - jonathan.paul Click "respond" to reply through Messages, or go to your email to reply Respond below is what my listing says. thank you. Debb Fit Over w Rhinestones 60mm wide, 7 Color Choices #660584 April 2013 Fit Over w Rhinestones 60mm wide, 7 Color Choices #660584 April 2013 Item Id: 151023396428 End time: Aug-03-13 17:02:30 PDT Buyer: jonathan.paul (0) 0.0% Positive Feedback Member since Jul-13-12 in United States Location: TX, United States Listing Status: This message was sent while the listing was active
Posted on: Sat, 03 Aug 2013 18:13:10 +0000
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