trademark copyright-notice
Can a trademark owner prevent third parties to create software for the related trademark service?
<p>Pinterest is a social sharing web site.</p>

<p><a href="https://pinterest.com" rel="nofollow noreferrer">https://pinterest.com</a></p>

<p>I have created a software that helps users to share photos online to Pinterest easily and quickly.</p>

<p><a href="https://addons.opera.com/en-gb/extensions/details/shareaholic-for-pinterest/" rel="nofollow noreferrer">https://addons.opera.com/en-gb/extensions/details/shareaholic-for-pinterest/</a></p>

<p>It is named <strong>Shareaholic for Pinterest</strong>. It is free.</p>

<p>Today I got a trademark notice from Pinterest lawyers that the software should be removed because it is using the <strong>Pinterest</strong> <strong>trademark</strong>.</p>

<p>Other than the name of the software there is no trademark usage. And the naming also follows the <strong>for</strong> convention like </p>

<p>"gadget <strong>for iPhone</strong>" </p>

<p>or </p>

<p>"tool <strong>for Microsoft</strong>"</p>

<p>There is a proper disclaimer also that states the software is not affiliated with Pinterest in any way.</p>

<p>There is no icon or logo or any other design assets that belongs to Pinterest Inc.</p>

<p>So, rather than the name of the software or any other possible issues, Pinterest lawyers are trying to take the software by simply it is a utility for their service.</p>

<p>But I wanted to ask that can a trademark owner prevent any other person/company to create software for its trademark just simply for they do not feel like it?</p>

<p>BTW, there are hundreds of software out there for Pinterest that still exists, even they are using logo of the Pinterest and some even claim the software belongs to Pinterest.</p>

<p>What is my option now? Should I just take down the software just there is a Pinterest phrase in the name of the  software which is <strong>Shareaholic for Pinterest</strong>?</p>

<p>I would refer you to <a href="https://www.uspto.gov/trademark/i-received-letter" rel="nofollow noreferrer">I Received a Letter/Email. . .</a> from the USPTO website.</p>

<p>Generally though you should be careful about using another company's trademark as part of your product's name. A less risky option would be to name your product <strong>Shareaholic</strong> and then in the subtitle or description write <em>for use with Pinterest</em>.</p>

<p>The point of trademarks is to prevent consumers from confusing the source or sponsorship of a product or service. If you were in court, the central question would become "would a consumer reasonably be confused whether <strong>Shareaholic for Pinterest</strong> was made by or approved by Pinterest?" And you have to remember, most consumers don't read small print such as "not affiliated with Pinterest". Lots of visitors to Pinterest and by extension users of your software may be children or elderly and computer-illiterate.</p>

<p>You may also want to read <a href="https://www.uspto.gov/about-trademarks#heading-4" rel="nofollow noreferrer">"How do I know whether I'm infringing"</a> at the USPTO website.</p>
