I own the website www.printypets.com. I recently received an email from the owner of the trademark “print your pet”. I was using an image in an advertisement that used the phrase “print your pet on a blanket”. They demanded I take it down and asked for my details so their lawyer could send a letter of demands. I don’t know how to respond.
I am simply describing the service offered on my website.
Other website do the same thing:
And many more
I do not see how I am not allowed to use “print your pet” when used in a larger phrase describing some of our goods and services. I’m in no way trying to confuse people or impersonate the Print Your Pet website at all. I’m just describing what we do.
I would argue that “Print Your Pet” is too descriptive. It is a supplemental trademark if that has any significance.
I’m looking for some thoughts and advice.
I'm not an attorney. Without going into a lot of details here I would suggest you contact an attorney who specializes in trademark law. Depending on how much you have invested in your business, I wouldn't navigate this on my own.
I filed for a trademark past year and recently had it approved to learn that depending on use and how it's being referenced-- many things aren't worth taking to court. This very much seems like one of those instances (i'm not a lawyer and this isn't legal advice) -- I would search clarity for Andrei Mincov and grab 5 minutes of his time to make sure-- he's answered other peoples questions on trademarks here before.
You should hire an attorney and have them contact the company that approached you. Simply changing the phrase you use in marketing to print an image of your pet, should relieve you of infringement issues. However, hire and allow an intellectual property attorney to guide you.