Trademark Law About Selling Ties On Yahoo Auction?
Posted by Copyright Law on July 9th, 2009 at 10:25am
Hello Sir/Lady,
Would you please help me for the Trademark law for selling ties on Yahoo acution.I bought some famous brand like Zegna tie from ebay auction site and finally for some reasons I sell them on Yahoo auction site.Most of them are 2nd hand or like new conditions as original description.but now someone told me I might selling fake ties so I donot know is this against trademark law?and how/what can I do for myself?Is there any cases before?
Regards
Henry
Under trademark law
1 Comment for Trademark Law About Selling Ties On Yahoo Auction?
1. Perdendo | July 9th, 2009 at 1:07 pm
Yes, Henry, there are trademark implications if you are selling fake ties. Branding goods with a false trademark is a form of trademark infringement — and it can be a rather serious form, because you have an intent to deceive the purchaser into believing that the ties come from a particular source. This constitutes federal trademark infringement or unfair competition (if the mark is not registered) and can constitute false advertising or deceptive trade practices under state law. Not only could the trademark owner enjoin (i.e. get a court order to stop) you from selling the ties, due to the wilfullness of the deception (selling fakes) they could seek all of your profits from the sale and attorneys’ fees and costs.
Also note that selling fakes may violate copyright (if the design on the ties is copyrighted) or patent law (if the shape of the tie is the subject of a design patent).
Check the ties out THOROUGHLY to see if they’re legit.
Get a formal opinion from an expert in the field (to defray any wilfullness claim).
Good luck.
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