QUESTION

You take an old gum machine, paint it up, place coca cola decals on it and sell it. Without getting written approval, is this trademark infringement?

Asked on Mar 02nd, 2012 on Business Law - Texas
More details to this question:
I see many people do this with different company themes and would think they are not getting approval to use the logos.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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The answer is "it depends." The purpose of trademark law is to avoid consumer confusion regarding the origin or sponsorship of goods. It could be argued that no reasonable consumer could be confused into believing that the Coca Cola Co. endorses or sponsors these gum machines. Is it a good idea? No, it's not.
Answered on Mar 03rd, 2012 at 6:16 AM

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