Q: would it be legal to someone else' s products on my website and have my site name similar to the product name?
I am planning to make my own website to sell someone else's products, but would it be legal to have the site name similar to the product name? For instance, the product name is Kate, but my site name will be Kate-u.s.a.
I won't use the same logo and font, as well.
I live in CA
Please answer me back
Thanks
A:
The answer is it depends. If the person who owns the product and product name claims trademark rights to the product name and your name is substantially likely to cause confusion in consumers' minds as to who produced the product, then you would be infringing on the other person's trademark rights. For example, if you sold shoes with a "swoosh" similar to Nike's, but not EXACTLY the same as Nike's, the legal question would be whether the person who buys your shoes is likely to think they actually manufactured by Nike. If it is likely that people would think it is a Nike product, then you would be infringing on Nike's rights.
The other question is whether you are authorized to sell the other person's products in the first place. In some instances, you don't need a license to sell someone else's products. For example, selling property you own at a garage sale is perfectly fine. But, in other instances, you would be violating the law by selling someone else's property. For example, if you took a movie and intentionally changed a few things to try to make it your own, then sold it as something new. I generally say it is like borrowing someone else's bike, putting a ribbon on the handle bars, then selling the bike AS IF it was your own. I hope this helps!
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.
