Legal Question in Intellectual Property in Colorado

I use the word Aspen on my label for my line of handbags, I got an email from people who own the trademark for the word Aspen on handbags (class 18 trademark) they want me to pay them 8,000 to be able to sell my remaining inventory with labels that say O heart M aspen, eventhough O heart M is my trademark, and the word aspen is a lot smaller then the other. I also have to create new labels without the word aspen, and they are also telling me I cant use the wording aspen colorado undet my O heart M either. can someone tell me I cant use this? or if I do, will they just come after me again claiming I cant use it and make me spend more money on a lawyer?

these people most likely knew I had my business for the past few years but only came after me now, when we think they saw my website that I got into a bigger box store- thank you for any help

merle


Asked on 9/02/10, 5:41 am

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Any attorney will refer you to a good trademark lawyer. Manufacturers have a right to control who resells their branded products downstream. Your problem is you are infringing on their trademark in selling your handbags. Again, consult with a good trademark attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 9/07/10, 2:18 pm


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