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Is this TRADEMARK infringement?
Houston, TX
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Posted 7 months ago in Trademark Infringement
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I am about producing accessories similar to those of another well known company that produces full products and its accessories.However mine will come in my own brand name and package and will be much cheaper. We are however considering putting on our pack 'compartible with XYZ'. The XYZ being the name (not including the logo) of the company whose products we are producing compartible accessories for.
Is this right or are we in breach of trademark laws or preferrably, how can be go about it without running foul of the law? Answers (4)
Lu Ann Trevino
This attorney is licensed in Texas.
Posted 7 months ago.
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These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.
You can say "compare to XYZ" then say XYZ is the trademark of XYZ company. 
Daniel Nathan Ballard
This attorney is licensed in California.
Posted 7 months ago.
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The below does not constitute legal advice, does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.
Ms. Trevino is right on the money. I would only add that if XYZ is, in fact, a federally registered trademark (check at http://tr.im/jkCD ) then you need to affix the trademark registration symbol -- "R" in a circle -- to XYZ on the upper right hand corner near the "Z" as well as printing on the bottom of your product label that "XYZ is a registered trademark of (insert the company's name)." You face a more challenging issue however. Many companies sell base products for cost or less and then make their profit by selling replacement parts, accessories, and the expendables needed to use the base product. Those ancillary products are very often protected by patents. I highly recommend that if your business model is to undercut the "well known company" by offering accessories compatible with its base product for less, that you first hire a patent attorney to perform a "freedom to operate" analysis. Otherwise you could find yourself offering for sale products that infringe patents owned by the "well known company." And most of them do not hesitate to sue small business' such as yours to protect their patents. 
Clark AD Wilson
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