Smithfield, RI asked in Intellectual Property for Massachusetts

Q: Could I sell a product on Amazon US which is branded with an Australian company's name that is copyrighted in Australia?

I found a supplier for my product who is based in China, they have the mold of this product, but it is branded with the name of an Australian company who previously bought from this supplier. The Australian company has a copyright registered in Australia. Could I sell this product with their name on it in the United States? Nobody in the United States has copyrighted their name, but would I legally be allowed to do this without getting a cease and desist. Thanks

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1 Lawyer Answer

A: Maybe. Trademark rights are based on use, and if no one is using the mark in the US (either the Australian company or anyone else), then you might be able to sell the product or even acquire trademark rights to the name or logo. I suggest you read Person's v. Christman, 900 F.2d 1565 (Fed. Cir. 1990), which is similar to your situation:

Otherwise I suggest you seek a non-infringement opinion from a lawyer who has experience with trademark law. Good luck!

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