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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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A German Company 'Airnergy.ge' own an EU trade mark on the

Resolved Question:

A German Company 'Airnergy.ge' own an EU trade mark on the word Airnergy. They make and sell new Airnergy machines. We are a Uk based Company that rents out second hand Airnergy machines to clients in the UK. Neither Airnergy.ge, nor BioLife Solutions (the UK and Ireland license holder to sell new Airnergy machines) rent out second hand Airnergy machines in the UK and Ireland for people to try before they decide to buy a new machine or not. We do not sell new Airnergy machines... We want to use the words 'Airnergy Rental' in our online advertising, such as Google Adwords... Is this possible without infringing on the EU Trade mark 'Airnergy'?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will hell you.
I assume you don't intend to make or sell the machines at all?
Customer: replied 1 year ago.
No, we don't intend to either make the machines or sell them, only rent them out to people to try them, to see if they work for them, and enable them to decide for themselves as to whether they want to buy a new one from BioLife Solutions Ltd. We might consider selling a second hand one if it is coming to the end of its usefulness for rental purposes.
It maybe relevant... We have an commission agreement with BioLife Solutions Ltd, that if someone who rents first, and then goes on to buy a new machine from BioLife Solutions, then BioLife Solutions will pay us a commission on the sale of the new machine. In view of this arrangement, I would think there must be an expectation for BioLife Solutions and Airnergy.Ge, that we can use the words Airnergy Rental in our advertising.
Expert:  Ash replied 1 year ago.
Ok, then that is is fine. You wont get into trouble - it is like someone renting Sony DVD Machines. The name Sony is copyright, but you are not holding yourself out to be them.
You are only renting the machines, so you do not need to worry. You are simply renting the machine made by the manufacturer - that is it.
can I clarify anything for you about this today please?
ALex
Customer: replied 1 year ago.
So your saying we don't need Airnergy.ge authority to use the word Airnergy in our advertising of Airnergy for rent! Can you tell me the relevant UK law that your advice is based on, so I can quote it to Airnergy.ge and BioLife Solutions please.
Expert:  Ash replied 1 year ago.
It would come under copyrights, designs and patents act 1988
Does that help?
Alex
Customer: replied 1 year ago.
Could you please be more specific about which part of the copy rights, designs and patents act 1988 I can rely on when quoting my right to use the word 'Airnergy' when advertising Airnergy Rental... Thank you, ***** ***** Act you quotes seems to cover the following, though not made up words like Airnergy!Literary Song lyrics, manuscripts, manuals, computer programs, commercial documents, leaflets, newsletters and articles etc.Dramatic Plays, dance, etc.Musical Recordings and score.Artistic Photography, painting, architecture, technical drawings/diagrams, maps, logos, etc.Typographical arrangement of published editionsMagazines, periodicals, etc.Sound recordingsMay be recordings of works, e.g. musical and literary.Films Broadcasts and cable programmes.
Expert:  Ash replied 1 year ago.
If it is not prevented by the Act then you can do it. The position is this - you are not passing off as them. If you are renting their products consumers won't be confused as to whether you are them. That is the test applied in court, could a consumer be confused.
As you are renting the answer is no. It mark means you can't sell their brand or use their name for the sale of machines. Otherwise Tesco wouldn't be able to advertise Heinz beans.
Alex
Customer: replied 1 year ago.
Thank you Alex, before I sign off, as part of the same dispute, they are saying nobody is permitted to advertise the sale price of their new machines on the internet... It is advantage to us to quote the price or circa price of a new machine, in order to encourage a consumer to rent one from us before they buy a new machine from BioLife Solutions. As far as I'm concerned, they freely publish their price list and send it out to customers upon request by post, and so it is not confidential information. Any advice on this point would be welcomed. Thanks, Simon
Expert:  Ash replied 1 year ago.
There is no law preventing advertising the price. Indeed a retailer can out whatever price they want even if it's not the recommended price. Nothing they can do to prevent it.
Does that help.?
Alex
Ash and 4 other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex