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Trademark Phrase Infringement

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efrintner

New member
What is the name of your state? VA

I was contacted saying that my wine labels that I sell with the saying "ready to pop" was an infringement and to remove them. However, after looking at the trademark, it states a "paper party favor" however, the labels I use are polyester label material and I would not technically category that as paper. Obviously I'm grasping at straws but I was just wondering if that distinction would matter.

Trademark registration number: 4297996
"Ready To Pop"

Also, there is an infringement on "About to Pop!" for more products however, could I use the saying if I do not use an exclamation point?

Trademark registration number: 4708376
"ABOUT TO POP!"

Thank you for your time.
 


quincy

Senior Member
If the trademark holder believes you are infringing on their slogan, you can either accept their assessment and cease using their registered mark - or you can risk an infringement lawsuit.

Adding an exclamation point to, or removing an exclamation point from, someone else's trademark (slogan, phrase) does not make an infringing use any less infringing.

If you are using the words "ready to pop" to describe the ease of popping the cork or opening the wine bottle, instead of using "Ready to Pop" as a name or identifier (trademark) for your wine or as an advertising slogan, you potentially could defeat an infringement claim. Your use of the words might not work to confuse consumers as to the origin of your product or dilute the value of the registered trademark.

But details matter.

I recommend you have an IP professional in your area personally compare your use(s) of "Ready to Pop" to the registered trademark and their use(s) of "Ready to Pop" to see where you stand legally against the trademark holder's claim.

Good luck.
 
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