Legal Question in Business Law in California
Internet Marketing and Advertising
I am in the process of opening an online clothing boutique.
I will purchase designer clothing from wholesale distributors for resale.
My question is as follows:
Is there any leagal ramifications with advertising and or using trade design names on my website?
For Example: Tommy Hill Figer, Donna Karen Calvin Klien.
When I purchase these Items can I display them and the designer names on my website for resale purposes?
2 Answers from Attorneys
Re: Internet Marketing and Advertising
As a purchaser of said items, you may want to contact your vendor and see if there are any limitations as to how you are able to advertise their products. eg. Some vendors may have media restrictions, others may have restrictions whereas you cannot promote their products by the use of porno, etc. In other words, there are no particular laws that I know of that would restrict your ability to utilize their names. This does not mean that there are not laws against this, but I believe that you're advertising limitations will me more of a function of your contractual relationship with each vendor. Should you need legal assistance, please feel free to call me at 818.943.0462.
Re: Internet Marketing and Advertising
One thing I noticed is that you have managed to misspell all three of the brand names you mentioned.
Brand-name owners are able to control the downstream use of their trademarks as their products move from distributor or wholesaler to the retail level, at least to some degree, and the previous advice about checking with your suppliers is probably the best approach. Most of the downstream control is directed at preventing dilution of brand integrity, i.e. retailers could be sued under trademark law for modifying the goods in a way that could make them unattractive or unsafe, for besmirching the trademark by changing its color or type face or displaying it improperly, or, for that matter, by misspelling it.
The manufacturer can go to court to protect the integrity of its trademark, but probably not if it is only trying to restrict competition or protect dealer territories or the like.
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