How can I make that I don’t infringe on a trademark?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can I make that I don’t infringe on a trademark?

I am starting a website that involves reselling brand name items that have gone on clearance or discontinued. The items will be purchased from the actual retail stores. Will I be free from trademark Infringement as long as I have a written statement on my site providing credits to those particular brands, or is it better to reach out to the manufacturer individually to be granted permission?

Asked on November 14, 2014 under Business Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is not trademark infringement to re-sell trademarked items as long as it is clear that you are not using the trademarks yourself and are not suggesting or stating a connection with the owners of the trademarks that does not exist. For example, "Sentra" is a trademark of Nissan, but I can sell my Sentra--or buy and sell Sentras generally--so long as I do not suggest that Sentra is *my* trademark in some way.

So long as you do not violate any terms of sale or use applying to those items (think about the "not for resale" terms found often on restaurant packs of ketchyup or other condiments), you should be in legal compliance.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption