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Is this really an intellectual property infringement? - Urgent question

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vitalcoaching

Junior Member
I use the sentence "How to be rejection proof" as a title for a couple of videos and articles on my site.

I have been contacted by the person who owns the trademark REJECTIONPROOF who asked me to remove the sentence "How to be rejection proof" from my site.

Is he right? Is this really an intellectual property infringement?

I ask because the expression "rejection proof" used as an adjective is very common - 20000 results when you google it + the term that is trademarked is REJECTIONPROOF in one word where as I am using "rejection proof" in two words as an adjective...

What are your thoughts on this?

Thank you! Appreciated!

Francisco
 


swalsh411

Senior Member
They are blowing smoke. You cannot copyright a common phrase. Just make sure you don't actually use the made-up word "rejectionproof". Don't even respond to them.
 

ipatty

Junior Member
Trademarks/copyrights

The law may vary depending upon which jurisdiction you are in. In the United States, at present, short phrases cannot be copyrighted. However, the third party may own a web common law mark, a state registered trademark, and/or a US registered trademark.

You may want to seek the advice of counsel who can evaluate your position and appropriately respond to the third party.

DISCLAIMER: THE FOREGOING IS NOT INTENDED TO BE LEGAL ADVICE NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

I use the sentence "How to be rejection proof" as a title for a couple of videos and articles on my site.

I have been contacted by the person who owns the trademark REJECTIONPROOF who asked me to remove the sentence "How to be rejection proof" from my site.

Is he right? Is this really an intellectual property infringement?

I ask because the expression "rejection proof" used as an adjective is very common - 20000 results when you google it + the term that is trademarked is REJECTIONPROOF in one word where as I am using "rejection proof" in two words as an adjective...

What are your thoughts on this?

Thank you! Appreciated!

Francisco
 

vitalcoaching

Junior Member
Thanks for your answers... It is clearer now.

I will simplify my question to make sure that it is clearer to everyone and I can get a VERY simple answer:

If someone trademarks the word REJECTIONPROOF does this apply only to the EXACT word REJECTIONPROOF or does it apply as well to "rejection proof", or "rejection-proof"?

Do you have a simple yes/no solid answer to this question?

I am not located in the US but my website is hosted in the US.

The trademark owner is in New Mexico.

In the info page about this trademark, it says Word Mark: REJECTIONPROOF.

I really appreciate the answers I already got - Any more thoughts? comments?

Thanks a lot
 

The Occultist

Senior Member
If you are not located in the US then we cannot help you. If you are infringing on somebody's mark and they wish to press charges, they would need to do so using the courts/laws in your country, which are likely vastly different than the ones in the US. Sorry, but we cannot assist you any further.
 

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