Legal Question in Business Law in Texas

Trademark

With the written permission of a large nationwide children's club, in 1999, I created and marketed music CDs that coincide with their program handbooks. They promoted my CDs, but after I proved the product's viability, they created their own CDs, and no longer promoted mine. They have not objected as I have continued to sell them through other internet marketing channels. I am pursuing expanded retail marketing and want to make clear on the label that these CDs are for use with this children's club. I am not using the club name in the name of the product, as they requested in 1999. I also marked that the product is not affiliated with the children's club, similar to what I see on Wal-Mart's ''Equate'' brand of other trademarked medicines, for example. Is the ''not affiliated'' statement sufficient to keep me clear of trademark infringement?

Thank you.


Asked on 2/28/07, 11:47 am

2 Answers from Attorneys
Johm Smith tom's

Re: Trademark

An attorney will need to know more facts to give you a reliable opinion on this; feel free to contact me. My firm focuses on Internet law, including intellectual property.

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Answered on 2/28/07, 11:54 am
Peter Bradie Bradie, Bradie & Bradie

Re: Trademark

Infringement is so fact-specific that it's impossible to give you an answer. If you touch bases with the children's club on that question, they should let you know if they considered it an infringement or not.

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Answered on 2/28/07, 12:28 pm


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