Lake Worth, FL asked in Copyright and Trademark for Florida

Q: Hello I have an online store and we want to sell shower curtains an mats with designer brand logo are we able to?

Are we able to sell it? We don't claim the artwork as ours.

Related Topics:
3 Lawyer Answers
Bill Hulsey
PREMIUM
Bill Hulsey
Answered
  • Trademarks Lawyer
  • Austin, TX

A: https://www.youtube.com/watch?v=2jK8IndKMis

TRADEMARK FAIR USE

Please watch this video.

If we can help, let us know.

All the best,

Bill Hulsey

Barbara Berschler
Barbara Berschler
Answered
  • Trademarks Lawyer
  • Rockville, MD

A: It is not a question about whether you claim the artwork or not for 2 reasons: The logos are trademarks of the firms that produce the goods and services associated with them. The designs are protected by copyright and without a license from the owner of the copyright in the work, you would be infringing.

You might want to check the Terms of Use from the websites of the intellectual property owners. Often there is some discussion about permitted uses of the protected marks.

Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL
  • Licensed in Florida

A: Using trademarks and designs that do not belong to you for commercial gain could get you in legal trouble for infringement and may result in steep penalties and damages. Speak with an attorney for more information.

David Allan King agrees with this answer

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.