Q: If BUBBLEWRAP (Reg. Nr. 3442458) is an accepted trademark, what about the words Bubble Wrap or Bubble Wrapping?
My Etsy Listing was set to inactive by Etsy because of trademark infringement from Sealed Air Corporation. As far as I can understand (I have no idea about this stuff) the trademark is for BUBBLEWRAP (=one word). What would be an appropriate wording I can use??
A:
Hello. The difference between two words, or changing the verb tense, or other small changes makes no difference in the trademark context. The only relevant question is whether or not there is a reasonable likelihood of confusion in the relevant consumer. It's pretty safe to say that the average consumer of packing materials isn't going to know if the registered trademark is one word or two, so the likelihood of confusion is there.
Note that there are other similar rules in evaluating trademarks for infringement. For example, misspellings and foreign equivalents are ignored. So, when you analyze the mark "EZ Ryder" you would analyze it as though it was written "Easy Rider," correcting the misspellings before you compare it to another mark. Similarly, you would analyze "Agua" as "Water," translating it to English before you compare it to another mark.
***PLEASE NOTE THE DISCLAIMERS AT THE BOTTOM OF THE PAGE***
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
