Legal Question in Business Law in California
resale of a licensed trademark
My company makes blankets. We want to make our items using fabric with characters from Sesame Street, Disney, etc. Do we need permission from the 'parent companies' before we sell? Keep in mind, the fabric is already imprinted with the characters, we would just be using it to create our blankets.
Sincerely,
SH
2 Answers from Attorneys
Re: resale of a licensed trademark
Yes yes yes not only do you need your permission which will have to negotiate how much you paid to them for the use of their characters on your product. Merely because you're using a fabric which are ready contains pictures of the characters doesn't mean that he can be used to free, without payment of money, when you are going to make a profit on it. It's a wet think about it, you want to use those characters because more blankets would sell with the use of the characters and then if they didn't have them. If you just made a plain red blanket, not too many sales.
Re: resale of a licensed trademark
In trademark law there is a "first sale doctrine" which says that when a trademarked item is first sold to a consumer, it may subsequently be resold (e.g. as a second-hand item) without violating the trademark rights of the manufacturer.
Unfortunately, there is a fair number of cases holding that the first-sale doctrine doesn't apply to buyers who re-use the trademarked product to incorporate it in a product of their own making. The theory of these cases is to discourage diluting or cheapening the trademark image and identity.
You might never be challenged, but it is far safer to obtain a license for your intended re-use.
Related Questions & Answers
-
What is Detrimental Reliance If we were told that our design studio was the studio... Asked 11/02/03, 8:39 pm in United States California Business Law
-
Employeer continued salary after empolyee left Hello, I recently finished (end of... Asked 11/01/03, 6:28 pm in United States California Business Law
-
Incorporation in Nevada and legal name change Hello, I would like to change... Asked 10/29/03, 3:08 pm in United States California Business Law
-
Lay away cancellation I put a bike on lay away, & made 1 payment. But I can no... Asked 10/28/03, 3:22 pm in United States California Business Law