Louise Vuitton partly/original accessories

[maclaw]

I'm assuming the Title of this post is a little confusing!? So let me go more into detail.

I'm planing to sell protection bags for Louise Vuitton duffle bags which are partly made out of an original dust back ( which originally comes with bags when you buy them )
and partly out of regular fabric. My question is : Is it legal to sell products with have other trade marked products implimented if they are not replicated?
.. and how would I be able to marked them legally?

Looking forward to you advice and opinion ..

 

[Just Blue]

I'm assuming the Title of this post is a little confusing!? So let me go more into detail.

I'm planing to sell protection bags for Louise Vuitton duffle bags which are partly made out of an original dust back ( which originally comes with bags when you buy them )
and partly out of regular fabric. My question is : Is it legal to sell products with have other trade marked products implimented if they are not replicated?
.. and how would I be able to marked them legally?

Looking forward to you advice and opinion ..

Is this in the US? If so what state?

 

[maclaw]

I'm planing to sell the bags online so I would considers this world wide , especially with international shipping. But I'm located in Los Angles, CA.

 

[Silverplum]

I met Ms. Louise V. for brunch just last month. Her suit was divine.

 

[TheGeekess]

I met Ms. Louise V. for brunch just last month. Her suit was divine.

Why, thank you, Dahlink. You were FAB-ulous yourself.

 

[quincy]

I'm assuming the Title of this post is a little confusing!? So let me go more into detail.

I'm planing to sell protection bags for Louise Vuitton duffle bags which are partly made out of an original dust back ( which originally comes with bags when you buy them )
and partly out of regular fabric. My question is : Is it legal to sell products with have other trade marked products implimented if they are not replicated?
.. and how would I be able to marked them legally?

Looking forward to you advice and opinion ..

maclaw, you spoke in an earlier thread of a foreign company suing you and your corporation. Is Louis (no "e") Vuitton this foreign company that has filed suit against you?


The Louis Vuitton mark is a FAMOUS trademark and, as such, ANY use of the mark by others can be strictly controlled and, in the case of Louis Vuitton, IS vigorously protected. You cannot use the trademark in the way you propose without seeking permission from the company (and a license to use the mark is regulated to the point that it is unlikely you will be granted one).

Altering or modifying the mark in any way is also a major legal no-no. That tarnishes the mark and can result in not only an infringement lawsuit but also a dilution suit.

 

[maclaw]

@quincy sorry for the late replay .. I actually just found out that my browser doesn't alow me to post into this threat ..so I had to use another browser to be active in on this forum .. I was not talking about Louis Vuitton in my very first threat. That dispute was with another company. I'm actually trying to do all the research about this project in advance . Who ever is interested more in detail about this issue .. I can send linked photos to your DM .. @quincy your inbox is full by the way..

 

[Silverplum]

@quincy sorry for the late replay .. I actually just found out that my browser doesn't alow me to post into this threat ..so I had to use another browser to be active in on this forum .. I was not talking about Louis Vuitton in my very first threat. That dispute was with another company. I'm actually trying to do all the research about this project in advance . Who ever is interested more in detail about this issue .. I can send linked photos to your DM .. @quincy your inbox is full by the way..

Nobody is looking for a client, here. If you want an attorney, you need to find one elsewhere. Try your state's Bar Association to get a referral.

 

[quincy]

@quincy sorry for the late replay .. I actually just found out that my browser doesn't alow me to post into this threat ..so I had to use another browser to be active in on this forum .. I was not talking about Louis Vuitton in my very first threat. That dispute was with another company. I'm actually trying to do all the research about this project in advance . Who ever is interested more in detail about this issue .. I can send linked photos to your DM .. @quincy your inbox is full by the way..

Thank you for letting me know my private message box is full, maclaw. I am not always good about checking to see what's there. That said, I don't answer questions off the board anyway so it is just as well that you couldn't get through.

We are only able to provide general advice and information on this site so, for a personal review of your project, you will want to seek out the assistance of an IP attorney in your area of California. Here is a link to the California Bar Association which can aid in your search for an attorney local to you: http://www.calbar.org

You were probably having a difficult time posting to your thread if you tried to include links in your post. This site automatically flags posts with links, for review by the moderator. So, although photos would help us understand a little better what you are planning to do, rarely will links to photos make it past the review and into a post.

As to your project, I can tell you that Louis Vuitton is a company known for filing lawsuits against anyone and everyone who uses anything resembling their trademarks. They are vigorous defenders of their rights. The company doesn't always win their lawsuits but that is little solace to those who are sued. Money must still be spent and, for a small company or a startup, that can result in a financial disaster.

You are smart to do research prior to investing too much time, energy or money into your project. Although it is possible in some circumstances to use a company's trademark, there are many more circumstances that using a company's trademark without the company's authorization will put you at risk of a lawsuit.

Again, I recommend you run your project plans by an IP attorney in your area. That attorney can provide you with a better assessment than we can on a forum. Good luck.

 

[maclaw]

What are your thoughts on selling a product ( which is guaranteed to be free of trademarks ) and giving out a product ( which is not certain to be causing trade mark issues ) for free along with it ?

I already know about some of you guys answers : Call a Lawyer ! lol .. Maybe along with that free (expansive) devise you can give me an idea of what my budget should be for that particular question.

 

[quincy]

What are your thoughts on selling a product ( which is guaranteed to be free of trademarks ) and giving out a product ( which is not certain to be causing trade mark issues ) for free along with it ?

I already know about some of you guys answers : Call a Lawyer ! lol .. Maybe along with that free (expansive) devise you can give me an idea of what my budget should be for that particular question.

You can sell your product but promoting it by offering the free gift can be a problem.

For example: I can sell hamburgers. But I cannot sell the hamburgers by promoting them with a free Disney-toy giveaway without Disney's permission. Disney has the right to decide who they want to be connected with commercially. McDonald's has worked out licenses with the movie industry and toy companies to acquire rights to offer brand-name toys with their Happy Meals.

A company's trademark and a company's reputation are valuable. If you want to use another company's product as a way to promote your own, you will need the other company's permission.

But, you are right. To best assess if your particular product-with-free-gift sale is going to get you into legal hot-water, you will need to sit down with an attorney in your area for a review of the specifics.

Good luck.

 

[maclaw]

I hope everybody had a good weekend so far..
@quincy thanks for your always good advice !!

Out of curiousity ... what kind of legal background do you and other members ( I guess mostly senior members) here on this forum have?
Are all lawyers ?

.. I'm also trying to find out hat kind of budget I should have to speak to an attorney in my state about a couple of questions about this ?

 

[Silverplum]

I hope everybody had a good weekend so far..
@quincy thanks for your always good advice !!

Out of curiousity ... what kind of legal background do you and other members ( I guess mostly senior members) here on this forum have?
Are all lawyers ?

Some are, some are not.

I'm not. But if I gave an incorrect answer, the attorneys would chew me up and spit me out. .

 

[quincy]

I hope everybody had a good weekend so far..
@quincy thanks for your always good advice !!

Out of curiousity ... what kind of legal background do you and other members ( I guess mostly senior members) here on this forum have?
Are all lawyers ?

.. I'm also trying to find out hat kind of budget I should have to speak to an attorney in my state about a couple of questions about this ?

You're welcome, maclaw.

Legal backgrounds of the members on this site vary. The majority of the members of this forum are not lawyers (you can read the NOTICE at the bottom of this page). There are attorneys who post to this site and those who are attorneys will either admit to it (and then be vetted by FA) or they will post "undercover," this for various and assorted reasons generally relating to the professional rules or ethical codes of their states.

Regardless of who responds to your questions, though (attorney or non-attorney), you should NEVER RELY on legal advice provided on ANY internet forum. Forums are good for providing you with links to the laws and general advice and direction, but you should always seek legal assistance from an attorney who is licensed to practice in your own jurisdiction when making any important legal decision.

The best way to figure out how much you will have to budget for and invest for legal assistance, as you move forward with your business, is to call several attorneys in your area, interview several attorneys in your area, and compare and contrast their experience and fees. You can generally expect to pay the most for IP attorneys who are also patent attorneys. You do not have patent issues so you will probably want to look only at attorneys who have experience in copyright and trademark issues. You will often find these attorneys practicing in large firms as opposed to independently.

Good luck, maclaw. Enjoy what is left of the weekend.

 

[Just Blue]

I hope everybody had a good weekend so far..
@quincy thanks for your always good advice !!

Out of curiousity ... what kind of legal background do you and other members ( I guess mostly senior members) here on this forum have?
Are all lawyers ?

.. I'm also trying to find out hat kind of budget I should have to speak to an attorney in my state about a couple of questions about this ?

Reading is your friend!! TOS!!