Intellectual Property Law

Nonprofit Claims "Certified Electronics Recycler" is Generic; Seeks Cancellation

By Michael Atkins

The Basel Action Network works to prevent the export of toxic electronic waste from the U.S. and other developed countries to developing countries that are not able to recycle electronic components safely.

On June 7, it sued the International Association of Electronics Recyclers and its successor, the Institute of Scrap Recycling Industries, Inc., to cancel the registration for CERTIFIED ELECTRONICS RECYCLER as a certification mark on the ground that it is generic.

Basel owns a registration for the E-STEWARDS certification mark.

Basel alleges it is injured by not being able to use the terms “electronics recycler,” “certified recycler,” and “certified electronics recycler” in connection with its certification program. It also alleges that ISRI’s continued use and registration of CERTIFIED ELECTRONICS RECYCLER suggests that ISRI has a monopoly on certifying those who recycle electronic equipment.

The defendants have not yet answered the complaint.

The case cite is Basel Action Network v. International Association of Electronics Recyclers, No. 10-931 (W.D. Wash.).

Full post as published by Seattle Trademark Lawyer on June 15, 2010 (boomark / email).