Legal Question in Business Law in Florida

My Pastor have started a Adopt A Bear Agency, this agency rescue teddy bears, dress them with a story line behind their rescue and also give them a name according to their personality. The teddy bears are rescued from yard sales, thrift stores, flea markets, homes, throwaways, etc. The bears are outfitted in designer and non-designer clothing apparel and shoes. such as ecko, coogi, baby phat, roca-wear etc. Would it be legal for her to post these bears online with pictures without being sued for the brand of clothing that is used on the bears. This is a for profit business. She wants to create a video for a commercial to post online for the bears. I wanted to know the legality of this venture before she moves forward so I can explain to her.


Asked on 2/22/11, 9:53 am

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say this. If you are using someone else's trademarked goods to sell a product, and you don't have the trademark owner's permission, you can (and probably will) get sued. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 2/22/11, 2:06 pm


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