Legal Question in Intellectual Property in New York

Can a User ID infringe on intellectual property rights?

A high-end, international accessories company recently forced me to change my User ID on a popular auction site, claiming that it infringed on their trademark or intellectual property rights. The User ID was registered over 7 years ago. The ID was a made-up word that is similar, but not spelled exactly the same as the company in question's name. I have never sold any items manufactured by this company or any ''knock-offs.'' Do they have a legal right to force me to change my User ID? Is it an infringement, as they claim?


Asked on 10/04/06, 11:07 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: Can a User ID infringe on intellectual property rights?

Trademark law is about protecting the consumer, not about the sellers or manufacturers. If there is any chance that a consumer would be confused by your ID into even momentarily thinking that you are in any way whatsoever affiliated with them, that probably gives them the right to force you to change your user ID.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 10/05/06, 8:17 am


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