What is my legal liability if I’m selling a company’s products on-line that I purchased on another on-line site?

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What is my legal liability if I’m selling a company’s products on-line that I purchased on another on-line site?

The company sent me an email stating: the below. “The name N… and the N… line of products are registered trademarks and are protected by the Trademark Act. You are selling our products on… .com and as a result infringing on our trademark. We respectfully request that you immediately remove all N… products from this online platform immediately. Failure to do so may result in N… taking legal action.” Can they sue me?

Asked on November 27, 2013 under Business Law, Minnesota

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

Buying and reselling products online is not trademark infringement unless you are representing that you are company N or you are selling knock offs of N's products and represening them as actual N products.  So long as you are not involved in a misrepresentation, you are not infringing.  If they have a trademark, you should put the TM in a circle when using the name of the product.


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