Long Island City, NY asked in Copyright and Trademark for New York

Q: I’m an artist and custom paint on designer goods and resell them with my art work, is that trademark infringement?

Hello, I’m an independent artist and recently had my business page on Facebook shut down by Cartier for trademark infringement. I purchased a leather card holder from them, painted a design on it and sold it with my artwork. My sales post stated it was custom painted as well as on my website. My social media and site discloses I am not affiliated with any trademarks or brands. All items are authentic with proof of purchase from retailer. The item was not materially modified from it original function, it was altered with the addition of artwork. Is what I’m doing trademark infringement? I was of the understand hand painting art on an item I’ve purchased wether I’m selling it or not was protected by artist freedom of expression under the first amendment as well as the first sales doctrine.

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1 Lawyer Answer
Erik Špila
Erik Špila
  • Trademarks Lawyer
  • Senec, Slovakia

A: Dear Mrs or Mr,

in my opinion you have assessed your case good and from information you have provided it seems like the exhaustion of trademark rights should apply in this case and therefore no trademark infringement shall be involved. However to answer you with more certainty, I would need to know more case details. Also have the Cartier contacted you before you facebook page was shut down? Did they provide any reasoning?

1 user found this answer helpful

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