As a programmer I develop bridges for popular e-commerce platforms to connect to a specific payment provider and I sell these programs through my website.
Example title of a product: "Paypal for osCommerce". Another example for a program could be "Calculator for iPhone".
It is clear that my website is not from osCommerce, neither from Paypal or iPhone.
I have tried to contact some payment providers on forehand with my intentions, but in most cases there is no response.
A few times I have received a copyright / trademark infringement warning from a payment provider to remove a product as I seem to commit a trademark infringement in their opinion. As I prefer to work 100% legal and having the need to use some wording that describes the product accurate, are there any suggestions how to advertise products like these without committing any kind of infringement?
tcvdveer, what is the name of your state or, if not in the US, what is the name of your country?
Whenever you use someone else's trademark without the trademark holder's authorization, you are likely to receive a cease and desist letter and the threat of an infringement lawsuit. It is up to trademark holders to police the marketplace for infringers and to enforce their own rights. If trademark holders allow everyone or anyone to use their marks freely, they risk losing rights in their marks entirely. The marks stop serving their purpose as the distinctive identifiers for their own products or services.
Some trademark holders may be a bit over-zealous in their enforcement efforts as not all who receive cease and desist notices are actually infringing on the trademark holder's rights. But it seems that you have a problem with the naming of your products, the marketing of your products, the advertising and/or the packaging of your products, if you have received more than one notice from more than one company.
It appears that what you are doing, if not stating directly that you are affiliated with the trademark-holding companies, is implying an affiliation, or a sponsorship, or an endorsement, or an approved connection with the trademark holding companies. To state or imply an affiliation when there is none is a legal no-no.
The trademarks held by others cannot be used to draw consumer attention to your own products. You need to market your products under your own trademark and build consumer recognition of your products through the use of your own trademark. You can mention that your product can be used with the named famous products. But the famous trademarks cannot be used as a marketing tool for your own products.
Here is an example using "tcvdveer" as your trademark: Instead of "Calculator for iPhone" your product should be marketed as "tcvdveer calculator." Your ads should center on tcvdveer but can include a mention that your tcvdveer calculator can be used with iPhones. The logos of other companies should not be used at all without permission.
Even using my example of "tcvdveer calculator," however, will not prevent a trademark holder from sending out a cease and desist letter or suing you for infringement if they believe your use of their trademark in your marketing infringes on their rights. Any use of another's trademark without permission can spawn legal action.
I recommend you have your website, your products and their packaging, and your advertising, along with the trademark infringement notices you have received, reviewed by an IP attorney in your area. Cease and desist letters and notices of infringement need to be taken seriously and dealt with promptly so that they don't turn into costly infringement lawsuits.
And, if you are not located in the US but in some other country, you will have to search elsewhere for the trademark laws that apply to you in your country. FreeAdvice is a US law site only.
Good luck.
