Any copyright/trademark guys in the house?

Russinating said:
99% yes. I used to sell on NOTHS and how could they have an agreement? They're just a marketplace for other sellers like eBay, Gumtree or Amazon Marketplace.




Yes, I'd imagine the cushions are because they're reproduced.

And yes, just to confirm my site is scrabblecufflinks.co.uk. I believe I am at fault for having "scrabble" in the domain name (after consulting the HTML section) but want to know if I can essentially carry on with the same site under a different generic domain name.
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IA(still)NAL

Option 1. Talk to a lawyer and prepare for a fight. Remember, even if you are legally correct, hasbro can still drag you through the courts and force you to prove it. This will be very expensive.

Option 2. Talk to Hasbro, explain what you want to do and see what they say. Assuming thier objection is only to the use of the name, and not the kit itself, then they should accept that. If they are saying you may not even resell the tiles, you may want to try option 1 afterwards.
 
Use of the word Scrabble in this way is definitely a trademark infringement and you cannot continue to use it without their agreement.

To continue the business without the name might be possible but it's not a simple yes or no.

Is the game Scrabble patented? There are no equivalent games?

It may be that they have some design rights to the pieces which may come under some kind of trade dress protection.

It is possible they don't have protection as it is simply a plastic square with a letter and number on. However, it is famous (probably worldwide) so you may struggle with this.
 
I reckon you might have come less under fire if you were making all kinds of different cufflinks, so your domain name wasn't scrabble related. Plus if you named them 'Scrabble style' or 'cufflinks in the style of scrabble'.
 
Russinating said:
That to me would instantly suggest that they're reproduced.
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It says to me that its not an officially licensed product.

There are plenty of websites that sell such things. Just look at ASOS for example, they are the second biggest online clothing retailer in the UK these days and they started out by selling things which were 'in the style of' genuine and designer items.
 
Nexus said:
It says to me that its not an officially licensed product.

There are plenty of websites that sell such things. Just look at ASOS for example, they are the second biggest online clothing retailer in the UK these days and they started out by selling things which were 'in the style of' genuine and designer items.
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Which still implies it's reproduced and not the original.

In the style of = made to look like X, Y, Z

Whereas the OP's product is actually made out of X, Y, Z.
 
Haggisman said:
Which still implies it's reproduced and not the original.

In the style of = made to look like X, Y, Z

Whereas the OP's product is actually made out of X, Y, Z.
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'In the style of' doesn't have to mean its a copy of something though. His cufflinks for example, last I checked, Hasbro don't make anything like them for a scrabble board. However, they are 'in the style of scrabble'.

As I said before, its not a phrase that makes me think its necessarily something that has been reproduced. Most items that are reproduced are proper fakes and they will try their best to make them appear and sound as though they are the genuine article.
 
IAAL :D, not got time to read through the other posts so apologies if this is a repeat, Scrabble is a registered trademark of Hasbro. If you were to use the word in a manner completely unconnected with their product then their TM would not be infringed. But you are using their actual product - the tile - which creates a direct link and a potential passing off offence. I would opine that they are entirely entitled to force you to desist from using the word. But you can still market the product just under a different name with references to "made from letter tiles from a popular word game".
 
I imagine the beef is with the use of their trademark as opposed to the physical tiles.

At the end of the day you are potentially damaging their trademark and they have every right to defend it and it's use.

Here is the one of Hasbros actual Trademark filings:

http://tess2.uspto.gov/bin/showfield?f=doc&state=4005:sjjji0.2.35

It covers:
[ GAME INCLUDING BOARD AND PLAYING PIECES ] * EQUIPMENT AND ACCESSORIES FOR PLAYING A BOARD GAME - (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM

Could you fight this? Possibly. The above trademark specifically refers to stylized form, a stylized form that you are not using.

It's a really difficult one because you are using SCRABBLE pieces. I think it will all be in the wording.

This is more than likely the patent firm who holds Hasbro's portfolio aggressively defending it on behalf of Hasbro as oppossed to Hasbro going after you themselves directly. (They will more than likely pay to have this active 'search and destroy' protection)

You may be able to reply, outside of a legal framework, clearly explaining your position and Hasbro may decide not to pursue any action. Which IP company contacted you? I used to work for the biggest one.
 
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