6 replies to this topic

[Mister-Z]

Hello everybody! I've been lurking for a few weeks now but this is my first post. It's nice you join you all here. I can't even tell you guys how thrilled I was to discover OSC and the plethora of support behind it!

I did a bit of searching but couldn't seem to find any discussion's that really answered my concerns (I'm sure there's one out there, I just couldn't find it!). I'm in the early stages of putting together my webstore, an expansion from my eBay store. It's basically going to be an online thrift store that will focus on second-hand casual clothing.
A lot of the items that we'll be selling are going to be brand/designer name (Abercrombie, CK, Old Navy, that sorta thing), and I'm a little sketchy on the extent to which I'm able to use these names in my site description, item descriptions, search tags etc.

I've found a number of sites that lean one way or the other. A lot of the "wholesale" sites out there tip-toe around the use of brand/designer names by substituting symbols for letters (i.e., SE@RS or N1KE) or using asterik's (i.e., S**RS or N*K*), and I've seen other wholesale sites that mention full brand name's. I've also seen other thrift site's selling used items with full brand name usage. Third-party auction sites, both retail-resale and wholesale-resale, seem to use brand names in their auction descriptions freely without concern of trademark infringement.

So, here come the questions:
How am I allowed to use these names?
Is second-hand resale considered the same as retail, and would I be violating Ralph Lauren's trademarks when I describe a specific "gently used Ralph Lauren Polo T-Shirt"? What about including "Ralph Lauren Polo" in my brand-name list?
Can I include them in my search tag's?
I'm sure I can't use their graphic logo's and don't really intend to, but can I use the brand name's that I'm offering as a draw in any capacity?
Do I need to get permission from these companies/designers to re-sell their no-longer-new products or disclaim that their brand names are trademarked/copyrighted somewhere?

Any help is greatly appreciated!

[Mister-Z]

Mister-Z, on Mar 12 2007, 01:23 PM, said:

I did a bit of searching but couldn't seem to find any discussion's that really answered my concerns (I'm sure there's one out there, I just couldn't find it!).

yeah, I found a discussion on this barely a page down immediately after posting my thread hehe, too bad there's no foot-in-mouth smiley.
Still wondering on some of those questions tho, so if somebody has insight or a link to a good discussion, by all means please share!

Edited by Mister-Z, 12 March 2007, 18:36.

[toyicebear]

If you are selling genuine second hand brand items, you should run into no problems using the brand name in the item description.


If on the other hand you are selling knock-offs, look alikes, inspired by or any such variations of copies...then you can not use the brand name without risking some sort of repecusions.

[Mister-Z]

Thank you responding, toyicebear That's just what I was needing to know!

[victor363]

I don't know if it matters to you, but google talks about this stuff in their TOS. But it is more in the context of ppc advertising.


Victor

[MrPhil]

toyicebear, on Mar 12 2007, 09:15 PM, said:

If you are selling genuine second hand brand items, you should run into no problems using the brand name in the item description.
If on the other hand you are selling knock-offs, look alikes, inspired by or any such variations of copies...then you can not use the brand name without risking some sort of repecusions.

Careful there! You can use a brand name in a "truthful manner" without any problems (i.e., you're selling the real thing, and not disparaging the name). However, a trademark, whether registered or not, is a different matter. Someone owns that trademark, and they have the legal right (indeed, an obligation) to control its usage. At the very least, you need to acknowledge the ownership of the trademark ("Levi 501 is a registered trademark of Levi-Strauss, Inc."). That's how I've seen it done with software, anyway. If the trademark owner feels that you are cheapening or diluting their brand, they have the right to come after you in court. In practical terms, a secondhand store which doesn't regularly carry and promote a given name (brand name or trademark) and is fairly small scale will probably fall beneath their radar (but no promises!). Certainly, if you're going to regularly carry and promote a given trademarked item, I'd recommend getting permission from the owner before using that trademark.

Just my thoughts. I Am Not A Lawyer, nor do I play one on TV. Please consult a professional if you're not sure. What may seem a sensible course of action may not hold up in court.

[desiredin]

Mister-Z, on Mar 12 2007, 06:23 PM, said:

A lot of the "wholesale" sites out there tip-toe around the use of brand/designer names by substituting symbols for letters (i.e., SE@RS or N1KE) or using asterik's (i.e., S**RS or N*K*),

Because they're illegal knock-offs and they don't want to be caught easily through search engines.

Contact the manufacturer to get a list of their distributors if you're in doubt. Anyone else, may or may not be dealing in authentic goods.