Legal Question in Intellectual Property in Florida

My LOGO in violation of a Trademark?

I have created a Logo for my EBAY business. The logo is an abstract character wearing clothing. I do not make or produce anything with the logo, but he's mine. I do not sell anything with him on it for profit. I do sell LOTS of stuff, but I do not sell my Logo.

The LOGO character is wearing a HAT, which apparently is a patented trademarked DISNEY Hat which they produce and manufacture and sell.

I received a cease and disist email from Steve Plotkin, Disney Executive Cousel, telling me to Change my Logo, which I have trademarked.

Because I do not manufacture, or sell anything with the logo, do I have to abide by this? It is a black hat with round ears. NOTHING MORE. Disney states I am using their Trademarked and Patented Hat and that I must stop.

What next? The shoes? The shirt? Everything must have a patent by someone. Any advice would be helpful, especially since Mr. Plotkin has given me 3 days to respond to him stating I am meeting his demands or else....


Asked on 2/17/06, 5:34 pm

1 Answer from Attorneys
Justin Lampel Lampel & Associates, P.C.

Re: My LOGO in violation of a Trademark?

a "logo" is generally used to describe something associated with things that are sold (goods or services)...if you are not selling any goods or services with the picture, then you have no trademark...if the picture is on your website (or other publication) then it could be considered a trademark and you could be liable for trademark infringement...in addition, you could be violating copyright law in reproducing the image of the hat...i doubt that there are any patent issues in this case...most likely, you are actually using the picture you created as a trademark (even if you dont consider it so)..your picture is on a website which displays items for sale...that could be determined to be a trademark...it may be an interesting legal question in which determining the answer could be very expensive...feel free to contact me with further questions...hope this helped.

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Answered on 2/17/06, 5:50 pm


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