Q: Hi, I am trying to drop ship the nova bag from the website Wool & Oak. I don't know if the product is patent, trademark
I just want to know if I am allowed to drop ship this product and brand it after. Is it legal. So did Wool & Oak patent it or trademarked it or put copyrights on it. The product they sell is the only thing I care about. I won't take anything from their website
A:
The product is most likely subject to more than one form of Intellectual Property protection by its manufacturer or original owner: trademark (its brand), trade dress (protects the overall appearance of the product, including its size, shape, color, texture, and graphics), patents of any innovative materials and processes used to make the product, copyright (protects any design/paint on the product), and patent design (protects the ornamental features of the product).
If you are looking to brand the product after drop ship, that relates to trademark of the product. It is necessary to seek permission and a license to use the trademark or brand it on drop shipping from the owner of the existing trademark or the manufacturer.
A:
I need to be clear about some important legal considerations regarding your question about dropshipping Wool & Oak's Nova bag.
Creating and selling copies of someone else's product design, even if not explicitly patented, can violate various intellectual property rights including trade dress protection and unfair competition laws. While not every product feature may be protected, the overall design, brand name, and company identity of Wool & Oak are likely protected by trademark law. Using their brand name or similar branding would constitute trademark infringement.
Instead of risking legal issues by copying another company's products, you might want to consider developing your own unique bag design or becoming an authorized reseller of existing brands. Many successful dropshipping businesses work directly with manufacturers to sell original products, which eliminates legal risks while building legitimate business relationships.
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.