Q: What qualifies as trademark infringement? If a company produces a product that looks similar to another's, is that okay?
I recently purchased many portable speakers from a vendor in China. The company produces many authentic speakers (iLepo), but they also wholesale "fake" JBL speakers on a international wholesale store.
The speakers look pretty similar, but they intentionally took off the logo on the speakers, and turned all of the logos into stickers, which they also shipped to me. Basically, they produced the stickers and speakers, and it's their buyer's choice on whether or not they want to sell non-authentic speakers.
However, if there's no logo on the speakers, and I were to sell the products as "iLepo" products instead of JBL speakers, would I run into any trademark infringement?
Is there any copyright or production issues with this?
Thanks a bunch!
A: if you use the stickers you are infringing on another company's trademark. The speakers may also violate someone's patent but you can assume not for the moment. if you want to sell them then use the name of mfg or create your own brand.
A: Excluding the label stickers is not liability free. If the speakers visually appear the same, you may face a trade dress infringement claim.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.