QUESTION
Who is liable if an unlicensed venor sells trademarked items?
Asked on Nov 26th, 2013 on Patents - Massachusetts
More details to this question:
If I do a festival or other events where I sell booth spaces to independent vendors and a vendor sells items such as coffee mugs that have trademarks but they don't have a license to use the logo, would I be liable for the trademark infringement?
2 ANSWERS
The vendor would be liable for any unlicensed items he or she offers for sale. However, I assume that this issue is addressed in the written agreement you have vendor sign before assigning space at the event. If you knowingly allow someone to sell licensed goods without permission, you potentially would also be liable.
Answered on Dec 02nd, 2013 at 5:49 PM
Appellate Litigation Attorney serving Boston, MA
at
Banner & Witcoff, Ltd.
Update Your Profile
It is unlikely that you are liable for such infringement. You sell the space to the vendor that is the limit of your interaction with them. What they do in their booth is likely not your responsibility.
Answered on Dec 02nd, 2013 at 5:34 PM