Union City, NJ asked in Copyright and Trademark for New York

Q: Can I use the name if I have something I would like to sell on ebay that resembles the symbol?

Related Topics:
1 Lawyer Answer
Brandon M. Selinsky
Brandon M. Selinsky
Answered
  • Trademarks Lawyer
  • Denver, CO

A: I could give you a better answer if I had some additional information. For now, I will assume that the thing you are selling on eBay is the product of another company. For the sake of discussion, I will assume that company is Nike. If you are selling something with the Nike Swoosh on it, you cannot sell it under the name "Nike." Doing so would be a violation of Nike's trademark and would get you some swift and unwanted attention from their attorneys.

If, on the other hand, you are selling a product that is simply in the shape of the symbol you want to use, and your question is whether you can sell it under the name of that shape, then the answer is 'yes' unless doing so would infringe someone else's mark or would otherwise be prohibited. That is true for any name under which you are selling products: you can use it unless there is a reason why you cannot. The name does not have to be connected to the shape of your product, but it could be. For example, if the product is in the shape of the Greek letter 'omega,' and you want to use 'Omega' as your seller name, you can, as long as 'Omega' is available as a seller name and, again, not already in use for a similar product by someone else.

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.