Legal Question in Intellectual Property in Georgia

Is it a violation of trademark law to reuse an item you have purchased in another item and then sell it? For example, use of a Coke can to create something that you would then sell as an art object.


Asked on 6/21/11, 8:20 am

2 Answers from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Yes, assuming the item at issue qualifies for trade or service mark protection and you do not otherwise have permission.

If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 6/21/11, 8:37 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say the following. What you describe would be considered trademark infringement by the registered owner. A better course of action is to seek a license for the proposed use of the trademark. 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 6/21/11, 8:38 am


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