Trademark Infringement?

[attak]

Quick question...

I have a client that is in a highly competitive shopping industry who sells major brand name apparel. Recently we received a legal document from one of their suppliers informing us of their intent to "persue legal action" against our client because of the mention of their trademarked name.
The motivation in my opinion comes from being ranked very well for the respective keywords which in turn is cannibalizing their profits from the individual SE's.
Any suggestions/experiences people can offer to help get the situation resolved is greatly appreciated.

Thanks.

Attak

[jimbeetle]

The definitive answer here is "it all depends."

If the communication came from one of your client's suppliers then I'd have to wonder on what terms the goods were sold. In the rag trade there are many different channels in which goods change hands, each having its own strictures -- especially the "major brand" segment. There's not much advice you can get or give without knowing the specifics of whatever agreements exist (or don't exist). If you're simply doing the SEO/SEM for this client it might be wise just to step back and wait until the client hears from his or her lawyer, as besides being "highly competitive" this business can be cut-throat.

[rockcoastmedia]

It really depends on whether the trademark relating to the goods are protected under federal trademark law or a common law trademark. It is always best to seek the advice of a good trademark lawyer. If you Private message me, I can give you the name of a TM lawyer who I use. His firm is very good I find.