I have described a steam cleaner as light and easy. I have now received a solicitors letter stating that it is an infringement of the trademark Light'n'Easy, and that I have to pay ?,000 or face prosecution. I was of the opinion that generic words cannot be trade marked. Can anyone throw any light on this. Thanks Lynda
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Is it from a company in the same industry / line of work as you?
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Hi Lynda

Try speaking to Phil at http://www.crossguard.info/ who is also a member on here.

They come highly recommended.

Jacqui
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Thank you for getting back to me. Our Company sell on the Internet and we have over 400 products ranging from Grandfather Clocks to Juke Boxes. The product in question is a Steam Cleaner that we described as, deluxe, light and easy in the title description. We are now being threatened with prosecution as Hometec who sell Steam Cleaners have Light'n'Easy as a registered trade mark. Surely the words light and easy are generic?
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Yes they have the trademark and it would appear in the area you are dealing in.
However I would have said that to try and preclude someone from using words that are necessary in order to describe something would be borderline to say the least.

You need expert advice on the correspondence you have received though, in respect the monies requested I would not pay a penny, the amount of any claim for damages would have to be a loss suffered by your use or profit you have gained, but again this is slightly irrelevant aas you need to seek advice on the words you have used.

You could try contacting the IPO to seek any advice you could glean from them, this would give you a good idea of your position.
http://www.ipo.gov.uk/about/about-ourorg/about-contact.htm

I would have assumed though that if you had added 'to use' at the end you would have been perfectly ok.
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They don't have a case because you are using the words as a description and not as a trademark.

Same issue was covered in this thread http://www.ukbusinessforums.co.uk/forums/showthread.php?t=61206&highlight=yacht+charter
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The fact that they are demanding payment from the offset is a good indication that they're just trying to scare you and fleece you into the bargain. Most sane companies will simply send a C&D (Cease & Desist) letter in the first instance.

Speak to Crossguard anyway. :)
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I would like to thank everyone that has taken the time to reply to me. My head is now on the chopping block as I have not paid their demand for ?,000 or signed to say I will no longer use the words Light and Easy.
It is ludicrous to assume that as part of our due diligence, we would investigate our legal right to such generic terminology............. however time will tell!
Thanks again
Lynda
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