Ik heb hulp gehad van iem en heb toen dit naar Lindsay gestuurd:
My European trademark attorney wrote me this:
"Under European trademark law, an absolute requirement is registration. There is no registered or published pending trademark application for HAPPY HERBIVORE or any variation I can think of. There is no way for her to sue for trademark infringement at this time. If she claims to have a nonpublished pending application, we'll have to wait until it is published so we can file an opposition (protest) based on your prior use in the European Union. It's illegal by the way to falsely claim you have a pending application.
We do not have anything similar to the common law trademark right of the US. If it's not registered, you have no rights, no matter how long you used it.
She talks about "suing for copyright infringement" but that is something else entirely; we are talking about trademarks, not copyright. There's no way she can sue for copyright infringement over just the word HAPPY HERBI.
You are not active in the US so I don't see how you would infringe a US trademark. If she falsely represents to Twitter or Facebook that you are doing so, you'd have grounds to sue her for damages. The TOS for these services require that you *infringe* a trademark, not merely that you have a username that is similar to someone's trademark somewhere in the world."
Haar reactie was dit:
What your attorney fails to see is that you're using it on Facebook - which is an American company/social platform etc; so even if you're in Holland you are breaching my common law US trademark rights through Facebook and Twitter... and mind you, your attorney pointed out that I have a trademark infringement claim against in the the U.S. under the common law... so you appear to be the ass, not me.
Also, I've received emails from a xxx domain, which I've flagged as spam. If you or anyone else you're associated with is trying to send me information -- it must come from a actual domain and valid email address, otherwise it's disregard and marked appropriately as spam and thus, not received.
I'll leave the rest of this up to my lawyer and her expertise. This situation is not worth my time, as you pointed out, you are a no body... it's just a shame and a testament to your character how unoriginal you are. Here in America, we call people like you douches. I hope that translates in Dutch.
The kind of person you are really shows. Hope that is not representative of the Dutch.
Lindsay