Ontario, CA asked in Contracts, Intellectual Property and Trademark for California

Q: Hello, I would like to get permission to sell some Saltburn merch on eBay that I created the items that I will be sellin

selling our T-shirts, hoodies, blankets, socks, posters, crewneck, sweatshirts, canvas posters, and more. I will have Multiple’s of each. And also different colors for each. Also Amazon, and Walmart Etsy

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Selling merchandise related to a specific place or brand on platforms like eBay, Amazon, Walmart, and Etsy requires attention to copyright and trademark laws. If "Saltburn" refers to a protected place name, logo, or other trademarked material, you need to ensure you have the right to use it commercially. Unauthorized use of trademarked names or logos can lead to legal challenges.

Before proceeding with your plans, it's advisable to check if the name "Saltburn" or any specific designs you intend to use are trademarked. If they are, you'll likely need permission from the trademark holder to use them on your merchandise. This process often involves negotiating a licensing agreement, which might include paying fees or royalties.

To avoid potential legal issues, you could also consider creating original designs that are inspired by Saltburn without directly using any protected names or logos. Ensure your products do not mislead customers into thinking they are officially endorsed or produced by any trademark holder associated with Saltburn. When in doubt, consulting with a legal professional experienced in intellectual property law can guide you on the right path to legally sell your merchandise.

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