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)

Related Topics:
2 Lawyer Answers

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
  • Trademarks Lawyer
  • Raleigh, NC

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

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.