Quick check—trademark infringement or not?
Let’s say you own the registered trademark “Battery Tenders” for battery chargers that prevent overcharging. Your trademark is registered on the Principal Register with the #USPTO. Your competitor posts ads on Amazon including the following copy:
* “More Than Just A Tender. The Ultimate Charger.”
* “The most advanced battery tender for any vehicle,”
* “More than just a Battery Tender – zero overcharge,” and
* “The Winter Battery Tender with Zero Overcharge.”
Do you have a valid case for trademark infringement?
The 11th Circuit Court of Appeals refers to this as “wheelhouse trademark infringement” because the advertisements are likely to mislead consumers into believing that your competitor sells “Battery Tender” branded products. Your competitor might argue that the ads aren’t confusing since Amazon labels them as “sponsored” and customers would recognize them as advertisements. However, the court dismissed this argument, concluding that the content of the sponsored ads clearly suggests that your competitor sells Battery Tender products—which they do not—only you do. This makes it a textbook example of a likelihood of confusion.
Takeaway: don’t let others misuse your trademark. They are asking for a trademark infringement fight by using your trademark to sell their goods or services.
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