Legal Question in Intellectual Property in California

dilution? unfair competition?

im selling this ''brand x'' products thru ebay, however im not one of their authorized dealer or distributor and had never have any contract with them. Now they are complainting about the prices im selling is too low and also complaint about using their name, logo and complaint about i appeared to be an authorized dealer of their products. But all i use is the name ''brand x'' in the title and description. Can they file an action against me with dilution, unfair competition and possible trademark, trade dress, patent and copyright infringement?


Asked on 7/19/07, 9:36 pm

3 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: dilution? unfair competition?

Yes, and they might even win. The claims are possibly valid and are based upon real, recognized legal principles, but only quite aggressive companies would sue a very small-time operator.

File a counter-suit? For what?

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Answered on 7/20/07, 12:01 am
Gordon Firemark Law Offices of Gordon P. Firemark

Re: dilution? unfair competition?

Yes, they can sue on a dilution or unfair competition basis... (the idea that you're giving a mistaken impression that you're an authorized retailer) but the notion of a good offense is worthwhile.

If you purchased the goods legally, you're allowed to accurately identify them and to resell them.

You might get by with a disclaimer in your listings that says "Seller is not affiliated with brand-x as an authorized dealer or distributor"

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Answered on 7/20/07, 1:36 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: dilution? unfair competition?

The best defense is often a good offense. Have your lawyer write their lawyer a letter threatening a countersuit.

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Answered on 7/19/07, 10:39 pm


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