QUESTION
If I bought designer shirts from a US Customs auction, can I sell them online without violating trademark laws?
Asked on Jan 31st, 2013 on Patents - Massachusetts
More details to this question:
I am assuming they are not counterfeit. After researching the laws on this topic, I believe that Customs must either destroy or obliterate (whenever possible) the brand name prior to donating or selling the merchandise. The tags and labels are still attached.
2 ANSWERS
If they bear a trademark from a company that did not make the product itself, then it does not matter who or where you got them from - you can't sell them. (Trademark) Logi is - if the goods are inferior then by selling them under the name of a company that did not make them just tarnishes their reputation and steals a sale from them.
Answered on Feb 06th, 2013 at 5:14 AM
Appellate Litigation Attorney serving Boston, MA
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Banner & Witcoff, Ltd.
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NO. Such goods are only typically sold outside the USA - where the TM owner has no rights.
Answered on Feb 06th, 2013 at 1:47 AM