I own the UK trademark for my brand name as a word mark in two versions - as one word and two.
My brand name is ***** ***** Snooze Shade in classification 12
A competitor in this classification 12 business has started to use my brand name in their title listings on ebay as two words but reversed and separated by other words in the listing sentence - if customers were to search using my brand name as two words they will come up with their listings (of which they have created masses)
The listing they use is as follows
UV SUN BLACK OUT SHADE NAP SLEEP SNOOZE BLIND COVER for BABY BUGGY or STROLLER
Now I understand that it is almost unavoidable to use the word shade in this context - however prior to the launch of my product noone would use the word snooze and shade together.
The only reason you would use the words together now would be to find my brand. I was given a trademark presumably because the words were unusual enough to warrant a trademark.
I can see how they can use sleep and nap as these are not trademarked in connection with the other words used or shade but as my brand is snooze shade is this not a contravention?
Firstly Ebay wouldn't take down the listing as they thought I only had SnoozeShade as one word but even when I showed them I had it in two words they won't take down their listings because they say the other business is not contravening my trademark.
If this is not a contravention then what is the point of a trademark in that specific category?
In my book it would be like saying
'drink cola fizzy bubbly coca' and expecting to get away with Coca Cola not minding
Is it worth pursuing this or am I wasting my time?
I have word mark
(I also have the logo but that is less powerful as logos can change is my understanding)
Yes ebay is not being helpful ;-)
Yes if you search using my word mark snooze shade then it is the other company's listings that come up - and they have created a lot of listings using this title
Most importantly do I have a case? ebay seemed to think not..
hi there - I paid for a telephone call but haven't heard anything subsequently.. is there an update on this? Thanks