Denver, CO asked in Trademark for Colorado

Q: HI, Selling on Ebay if the name THE NORTH FACE is a trademark violation can you just use North Face?

I sell on Ebay and I just got a letter from a law firm saying using "The North Face" is a trademark violation can I just use "North Face" without the "The". They are saying if I don't remove all my listings they may take legal action. My understanding is when I buy a item it becomes my property and I am legally allow to sell it. I just can't violate trademarks but they want me to remove all my listings because of using the name and warrantee issues. They also say I violate the contract they have with their distributor by buying from them and reselling the items. (Tortiously Interface)

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2 Lawyer Answers
Joanne Belasco
Joanne Belasco
Answered
  • Trademarks Lawyer
  • Boston, MA

A: It depends what your product is and if it will cause confusion in the marketplace with the trademark registered by The North Face. Each trademark is attached to a good or service. If your good or service is the same or similar to the good or service trademarked by The North Face, then you may have a problem. Whether or not an item is violating a trademark can be a tricky question so it's best to consult with a trademark attorney directly because you can discuss specific details.

I am not providing legal advice. I am providing general information concerning trademark law, and this information does not constitute attorney-client privilege. Please feel free to contact me to schedule a consultation if you want to further discuss this matter.

1 user found this answer helpful

Ahaji Kirk Amos
Ahaji Kirk Amos
Answered
  • Trademarks Lawyer
  • Raleigh, NC

A: You need a comprehensive consultation. The issues that you have presented are too complex for this forum.

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