Legal Question in Business Law in New York

Imitation Widgets

I would like to start an on-line business selling ''Imitation Widgets''. (Widgets can be symbolic for this very popular name brand item)

I have found a retailer/wholesaler that carries the item and anyone in New York shopping can buy from. These items look just like the real Widgets and actually say ''widget'' will I be sued by the Widget company for selling that product. If so how is it possible that the retailer can sell it in a storefront and get sued?


Asked on 11/16/00, 11:02 pm

1 Answer from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Imitation Widgets

I received your post on 11-27-2000.

First off, if I were the real "widget", I'd sure as heck sue you. There are all sorts of implications relative to trademark, trade dress, etc., depending on how, and what, the product looks like..and then you utilize the name also.

I cannot see how the retailer could get sued, they are just vending your product... but if you are sued, you may have extensive damages to pay if proven.

My suggestion, get actual legal advice from a patent/trademark attorney. After all, if you can afford to pay for a lawsuit, you can afford to pay to prevent one.

Good Luck

RRG

P.S. In the event that you need the name of a any patent/trademark attorneys, feel free to contact me at [email protected]

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Answered on 11/27/00, 9:27 pm


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