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)
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.
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