Legal Question in Technology Law in Florida

Re: Use Of Trademarked Name On Website

PLEASE NOTE: THE READER SHOULD NOT CONSIDER THE FOLLOWING LEGAL ADVICE. THE READER AND THE RESPONDENT DO NOT HAVE AN ATTORNEY CLIENT RELATIONSHIP.

This is a good preventative legal health question you are asking!

As to copyright, it is my opinion, based on Southco, Inc. v. Kanebridge Corp., 258 F.3d 148 (3d Cir. 2001) and Toro Co. v. R & R Products Co., 787 F.2d 1208 (8th Cir. 1986), that part numbers are not copyrightable since they typically lack sufficient originality. If they are merely random or arbitrary, they are not protectable. If there is a pattern to the numbering system, then the work may have sufficient originality to be copyrightable.

From a trademark point of view, the parts numbers would have to be also acting as an identifier of source or quality of the goods in order to claim trademark protection. Even then, if the parts numbers are trademarks, then you might be able to make the argument that your use is only "nominative," since you are not using the mark in commerce but only to communicate a product name.

Please call me at 1-800-289-5999 or email me at tepp@lynnjackson if you have any further questions.

Best regards,

Todd D. Epp, Esq.

Re: Use Of Trademarked Name On Website

I agree with the prior posting on the issue of the part numbers being non-copyrightable, and think the part numbers are borderline as to trademark status.

However, use of the company tradenames or trademarks is probably trademark infringement unless done in a clearly disassociative way, which your site does not appear at current to be doing. To me, to make a pun, your site is a misnomer and what you really have is a currentnon-solution to your trademark liability issue.

I know how you can solve your trademark problem, and would be glad to advise.

Mr. Epp did not address a bigger risk you may be overlooking, which is patent liability. Are you sure the items being duplicated are unpatented or unpatentable? As a patent litigator, I feel compelled to warn you to be careful about possible patent infringement. I have not done any checking on your parts, but unless you have done some design around work, I am betting you need some expert advise in the patent area. Be sure you get such advice from someone who knows the law on patent infringement.