Port Washington, WI asked in Business Law, Contracts, Copyright and Internet Law for Washington

Q: I bought some sticker logos legally on line. If I apply these logos to hats, can I then sell the logoed hats on ebay?

1 Lawyer Answer
Barbara Berschler
Barbara Berschler
Answered
  • Intellectual Property Lawyer
  • Rockville, MD

A: Do you intend to apply the actual logo stickers that you bought? In copyright, there is the First Sale Doctrine that provides that if a person buys an object having copyright protected material, the buyer can do what they want with the object. For example for a book, you could give it away or destroy it. But you may not duplicate/copy it. So while you may be able to sell the actual hats face-to-face with a customer, posting a picture of the hats showing the logo would result in you having copied the logo and it sounds as if you have not obtained permission to do so from the copyright owner. Another issue which could affect your use of the logo is tied to whether the logo serves as a trademark for those selling the stickers. Good that you asked before posting. Best to seek advice from an IP lawyer in your area going forward.

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