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.

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3 Lawyer Answers
Bill Hulsey
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Answered

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

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.

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

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