A guitar design firm called Born to Rock has won an initial victory over the user-generated T-shirt-printing website CafePress in a legal battle over whether CafePress users will be allowed to use the company's name as part of their T-shirt designs. While the guitar firm initially registered the phrase only for use selling guitars, it has taken the position that any use of the phrase "born to rock" by a CafePress user infringes its trademarks.
CafePress is a popular website that allows users to create their own graphical designs and have them printed on T-shirts, mugs, and other items. It sells these items on users' behalf and splits the proceeds.
Born to Rock Design first sent CafePress a cease and desist letter in 2009, asking it to remove all items involving the phrase "born to rock." CafePress resisted the company's demands, arguing that the use of the mark was permitted under trademark law's fair use doctrine. But Born to Rock wasn't satisfied with this response. After filing a new trademark application formally claiming the phrase "Born to Rock" for use in selling T-Shirts in addition to guitars, it sued CafePress for trademark infringement.
Read 7 remaining paragraphs | Comments
Article by Timothy B. Lee (c) Ars Technica - Read full story here.