We often get asked, “Am I allowed to sell this?" or “Will a company sue me if I sell their product?”. So today we are going to discuss this.

Two weeks ago we post a video called Am I Allowed to Sell a Designer Brand without Permission? I strongly encourage you to check it out because we answer almost all of your questions in very simple language.

But today we are going to dive deeper into Trademarks and Copyrights. Let’s get started!

A Copyright refers to the owner of the work. For example, you can’t legally download the new HBO Max series, burn it to DVD and start selling the DVD’s for $9. Copyrights refer more to books, music, video games, movies and stuff like that. If you are selling merchandise online you likely will not ever encounter anything copyright-related…. Unless you buy a box filled with bootleg CDs from China or a liquor store in Detroit, Michigan that also sells knockoff Tigers jerseys and fake Versace cologne (we have these types of stores all over the place here).

A Trademark is “a symbol, word, or words legally registered or established by use as representing a company or product.” Examples of a Trademark are:

As an online seller, you will be encountering Trademarks on a daily basis:

So it is important to understand what VIOLATES Trademark owners rights (known as “Trademark Infringement”.

Here’s the actual law (don’t worry, I’ll explain it in easy-to-understand terms):

Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

As a reseller, the most important part of this is the last part of the sentence:

in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

Specifically, focus on the words:

• Confusion
• Deception
• Mistake

Maybe you're wondering what on earth this means; let me explain!  For example, everyone on the planet earth has heard of Rolex watches:

(AMAZING watches! My husband loooooves his). Anyways, a very clear example of Infringement would be if you create a brand called “Solex” and you make a logo that could be MISTAKEN for being Rolex, or being associated with Rolex:

Even these two logos are indeed different, a NORMAL PERSON looking at these two logos “COULD* be mistaken

Someone looking at those two logos *COULD* be confused and *COULD* buy your Solex, thinking it’s a Rolex, and that is all it takes for Rolex to own you.

Even IF you changed the logo a little more:

You have still “Stolen” the Rolex trademark. If you want to name your company “Solex” you absolutely can (although you likely shouldnt sell Rolex watches at it), but if you want to go this route, simply create a clear identity for your business:

IN CLOSING:

“Can I sell a Rolex watch?”, “Can I sell a Calvin Klein Sweater?” - YES! *Unless you have a contract with someone that says you can’t. For example, if you are an Amazon seller and Amazon says “Nobody can sell blue Calvin Klein Sweaters on Amazon.com” - then the answer is that if you want to sell a blue CK sweater, you have to go to eBay, Poshmark or somewhere else.  

Disclaimer:  We are not lawyers.  Do not mistake this information for legal advice.  If you have legal questions please contact a lawyer