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there is no copyright in a word such as irlen. Copyright covers works such as literary works including poems, tables, books, audio visual work etc.
So, in my opinion, you have not breached copyright and you may respond accordingly to the company threatening you.
Thank you for the clarification.
what I need to understand is whether the term Meares Irlen Syndrome is a medical term as it used by various organisations other than you e.g.
If it is a widely used term, I do not see how you are infringing their trademark
I believe you are covered by S. 11(2)(c) of the Trade Marks Act 1994 which provides that the use of a registered trade mark is not infringed
(c)the use of the trade mark where it is necessary to indicate the intended purpose of a product or service
You have to use their trademark so as to indicate the purpose of your glasses.
You have two options:
1) you drop the Irlen reference; or
2) you continue to use it and cite the defence under the Trade Marks Act which I cited above.
In my opinion, you are justified to use the Irlen mark as it shows the purpose of your products I.e. To treat the Irlen syndrome.
I would not like to speculate but it appears to me that they are being heavy handed . It's like someone selling Apple Compatible chargers, they are entitled to refer to the a apple trademark to indicate what their products are used for, same applies to your case as you use the Irlen trademark to show what your products are for.
Absolutely. Good luck whatever you decide to do.
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