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Use of name brands in (legit) advertising and marketing

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rellim99

Junior Member
State: California

Can you use others' brand names in your marketing, if you actually sell/buy those brands as part of your business? For instance, if you buy/sell real Rolex watches or Gucci Bags in your consignment shop, are you allowed to use the "Rolex" name and/or logo in a postcard mailer or internet ad for your shop?
 


quincy

Senior Member
State: California

Can you use others' brand names in your marketing, if you actually sell/buy those brands as part of your business? For instance, if you buy/sell real Rolex watches or Gucci Bags in your consignment shop, are you allowed to use the "Rolex" name and/or logo in a postcard mailer or internet ad for your shop?
You cannot use another’s trademark to promote your own business. You can only use another’s trademark in a descriptive way.

For example: You can say “X Resale Shop” in large print to advertise your business and you can list in small print what you offer or are looking to buy.
 

rellim99

Junior Member
you can list in small print what you offer or are looking to buy.
That's what I was wondering. I should have been more clear in my post. So in this "small print", are we allowed to use name brands? The name of the store is not "Johnny's Rolex Shop" but in the details of the advertisement/marketing, list out the different types of products including some of the name brands. For example, in the advertisement, list out something like: "Loose Diamonds • Rolex Watches • Fashion Purses • Gucci Bags • Gold Bullion."

There is nothing deceiving or open for interpretation or confusion. They are selling real brand name product, albeit used. But it is using their names in a commercial sense.

How does a used car dealer get away with showing the Toyota logo in an ad, or how does a department store show similar? Does it matter if it's used marketplace where retail agreements, etc. would not be in place.
 

quincy

Senior Member
That's what I was wondering. I should have been more clear in my post. So in this "small print", are we allowed to use name brands? The name of the store is not "Johnny's Rolex Shop" but in the details of the advertisement/marketing, list out the different types of products including some of the name brands. For example, in the advertisement, list out something like: "Loose Diamonds • Rolex Watches • Fashion Purses • Gucci Bags • Gold Bullion."
That should not be a problem. You are allowed to list what you sell.

You cannot trade off the famous trademarks by stating or implying that you are affiliated with (endorsed or sponsored by) the trademark owners. Where you see car dealers or stores using another’s trademark in their advertising, they usually have permission from the trademark holder to do so or they are using the trademark in a descriptive way only - or they could be infringing on the trademark holder’s rights.

In other words, you cannot confuse consumers into thinking you are something you’re not.

With that said, any time you use a famous trademark in promotional material, you can draw the attention of the trademark holder and the trademark holder’s attorneys. The holders of famous trademarks are protective of their marks.
 
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zddoodah

Active Member
Can you use others' brand names in your marketing, if you actually sell/buy those brands as part of your business? For instance, if you buy/sell real Rolex watches or Gucci Bags in your consignment shop, are you allowed to use the "Rolex" name and/or logo in a postcard mailer or internet ad for your shop?
Depends on how you "use" the names. If you simply advertise that you have an "XYZ watch on sale for $X" or an "ABC purse on sale for $Y," that's not a problem. Going beyond that might imply some sort of endorsement or affiliation, and that would probably be trademark infringement.
 

quincy

Senior Member
Depends on how you "use" the names. If you simply advertise that you have an "XYZ watch on sale for $X" or an "ABC purse on sale for $Y," that's not a problem. Going beyond that might imply some sort of endorsement or affiliation, and that would probably be trademark infringement.
Right. Descriptive uses of trademarks are permitted. You can’t sell a Ford Mustang if you can’t call it a Ford Mustang.

Although trademark names can be used in a descriptive way, logos should be avoided. Logos can be copyright-protected which means they should not be reproduced (copied) without permission granted by the copyright/trademark holder.
 

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