Environment, consumers win with Bioheat trademark victory
"Cleaner burning Bioheat heating oil is at work for thousands of customers who enjoy the benefits of an environmentally friendly heating alternative," said Paul Nazzaro, petroleum liaison for NBB. "Protecting the Bioheat trademark is about protecting the integrity of the product on behalf of the entire industry and the more than 300 dealers who offer the fuel."
Earlier this year NBB initiated a lawsuit against Tarm USA Inc. a New Hampshire company using the term BIOHEATUSA in relation to an unrelated product. In a recently released settlement, Tarm USA Inc. agreed to discontinue use of the term within six months. In addition, the company agreed to discontinue use of their domain name, which also included the Bioheat trademark.
The NBB obtained a federal trademark registration on Bioheat and launched the official logo in 2006. This trademark was licensed to NORA, which has sublicenses with hundreds of retailers.
As Bioheat heating oil use grows, it is critical that the product and its name remain reliable in an ever-changing marketplace. In trademark cases, it is the registered trademark owner's responsibility to defend against potential use infringements. Protecting the Bioheat trademark gives consumers assurance and confidence they are using a renewable fuel to heat their homes.
"We are dead set on protecting the Bioheat identity," said Nazzaro. "Bioheat heating oil offers a better alternative for the environment and for consumers. The fuel and this settlement is a win for the environment, the industry and consumers using cleaner burning Bioheat heating oil."