Bayer files trademark action

[rebootit]

I am an internet seller of flea and tick meds in Florida including Advantage brand flea meds manufactured by Bayer. They have filed a trademark infringement suit in federal court saying my pictures of the box of products made by them violates federal trademark. They claim they ONLY sell to licensed veterinarians even though the product is an over the counter product in the USA and I am buying from a licensed vet supply house. The claim is I am causing dilution of trademark value by selling a product they claim is meant to be sold only by a veterinarian. I claim since I am selling a legal product bought through legal channels that there is no dilution at all and I am no different than any retailer displaying the product in my storefront window. How will a judge see this?

 

[divgradcurl]

How will a judge see this?

I guess the more important question is, how much money are you willing to invest to fight this?

I claim since I am selling a legal product bought through legal channels that there is no dilution at all and I am no different than any retailer displaying the product in my storefront window.

Are you SURE that the product was purchased "though legal channels?" Are you SURE that the vet supply house was "authorized" by Bayer to sell to retailers such as yourself?

If the product was not "lawfully obtained" then the trademark holder is within their rights to stop the further misuse of their mark.

Back to your original question:

How will a judge see this?

Who knows? If the stuff you bought was through a legitimate and legal sales channel, and you are advertising the product in such a way that it does not "confuse" the buyer into thinking that you are licensed by or otherwise backed or approved by the trademark holder, then you might prevail.

If any of the above it not true, then you might lose.

It all depends on the facts, ALL of the facts.

If they've filed suit, I assume you have a lawyer working on this. What does your lawyer say?

 

[stephenk]

"They claim they ONLY sell to licensed veterinarians even though the product is an over the counter product in the USA "

What pet store sells it?

 

[HomeGuru]

I am an internet seller of flea and tick meds in Florida including Advantage brand flea meds manufactured by Bayer. They have filed a trademark infringement suit in federal court saying my pictures of the box of products made by them violates federal trademark. They claim they ONLY sell to licensed veterinarians even though the product is an over the counter product in the USA and I am buying from a licensed vet supply house. The claim is I am causing dilution of trademark value by selling a product they claim is meant to be sold only by a veterinarian. I claim since I am selling a legal product bought through legal channels that there is no dilution at all and I am no different than any retailer displaying the product in my storefront window. How will a judge see this?

**A: something just does not sound right.

 

[rebootit]

What pet stores sell it?
Here in Florida EVERY pet store in St. Petersburg and Tampa has it on the shelf. From the mom and pops to the big chains like Petsmart. This is an OTC flea medication. You even see it for sale on national TV from 1800-petmeds. No RX is required, I buy it for resale under my business license and tax number. I have never had to ask for permission to sell any other product from amy other manufacturer in the 20 years I have been in business. If you do a google search you will find in excess of 42000 other sellers just like me.