Do you consider this lawyer to be smart?

Question

His letter is here

http://verodouch.blogspot.com/

Answer 1

I know you will not like my answer, but yes, I think the lawyer is smart and his is right. There is a law that states that no one will be importing into EU without trademark owner's consent. They are not saying you are "guilty", you admit that when you list Zippo lighter on EBay. They don't have to take you to court to prove that, it's a fact. I suggest you don't tempt them to take you to court, because if they choose to do that, they may sue you for damages to their brand, and because they have much more financial power than you will ever have, they may simply drag you through the court system and it will wipe you out simply through attorney's costs.
There are thousands of examples like that. You need to understand their position, they OWN the brand and have the right to limit who and how will be selling it. They simply chose to exercise the right in your case, that's all. I know it's not the answer you want to hear. I say give it up. I know it seemed like a lucrative opportunity, to import something in EU that costs much less in US or Canada. You are using proprietary web site (EBay) to market Zippo products, so the owner of the site has the right to limit what you sell or even deny doing business with you. Everyone has the right not to do business with anyone. So, EBay chose no to get in trouble with Trademark holders and do as they ask.
You want to keep selling Zippo lighters? Perhaps you need to have your own website and market whatever you sell through that. They will probably need a court order to shutdown your website. I suggest DO NOT make them take you to court, they will prevail and it will cost you everything you have and everything you will earn for the next 125 years.
I am sorry, but in my opinion they are right. You could probably get away with advertising the product as "The Most Dependable Gas Lighter made in America" or some other description that would imply Zippo but not name it directly.
A friend of mine owns a restaurant; he buys all his coffee supplies from Starbucks, but does not have an agreement with them. So he simply sells it as "Coffee" or "Great Tasting Coffee", but if he wanted to say "We Proudly Brew Starbucks Coffee" he would have to sign an agreement with Starbucks franchise and get licensed by them. If he just puts the sign "We Brew Starbucks" without a formal agreement, they will wipe the floor with him and he knows it and does not do it.

These are the rules and you need to obey them.