Louise Vuitton partly/original accessories

[quincy]

Reading is your friend!! TOS!!

Although we (including me) will sometimes chastise posters for not reading the Terms of Service of this site, I would say that the majority of people on this forum and elsewhere NEVER read ANY agreement or contract in full, or understand exactly what the agreement says or means, before agreeing to the terms with a signature or a click.

Reading through a bunch of small print legalese (or especially the all-capitalized legalese) can be a headache.

FreeAdvice is one of the few sites I've visited whose terms and conditions are not difficult for an average person to read and understand. It is more reader-friendly than most. And FreeAdvice has also nicely pointed out some of the highlights of the terms and conditions at the bottom of every page.

That said, I find it hard to fault most posters who, when coming to this site for the first time - a site promoted widely as a legal advice site - expect to get legal advice from lawyers. I think it is a reasonable expectation (although, yes, it would not be an expectation if they were to read the Terms and Conditions).

 

[LdiJ]

One thing you might want to consider is to readjust your idea. You stated that your intent was to provide protection bags for Louis Vuitton products using the protection materials that originally came with the product plus additional materials. Perhaps what you might want to consider instead is offering a product that takes ANY original protection products from ANY designer and enhances them with other materials. That would allow you to market the idea without using any specific designer name.

 

[quincy]

One thing you might want to consider is to readjust your idea. You stated that your intent was to provide protection bags for Louis Vuitton products using the protection materials that originally came with the product plus additional materials. Perhaps what you might want to consider instead is offering a product that takes ANY original protection products from ANY designer and enhances them with other materials. That would allow you to market the idea without using any specific designer name.

?

I am not sure what you are suggesting, LdiJ. Any "original" is going to be rights-protected, and enhancing these original materials is not a way to escape infringement. The name is not all that is trademark protected. Design materials are, as well.

Perhaps clarification is needed.

 

[justalayman]

my thoughts (which are often random and drift from the original intent of the thread):

you can't take the hood and emblem from a Mercedes Benz and put it on a Chevy and sell it allowing people to think it is a Mercedes. That is what it sounds like OP is considering with his: part Vuitton, part cheap materials (not inferring Chevys are cheap, but of course not claiming they aren't either).

 

[quincy]

my thoughts (which are often random and drift from the original intent of the thread):

you can't take the hood and emblem from a Mercedes Benz and put it on a Chevy and sell it allowing people to think it is a Mercedes. That is what it sounds like OP is considering with his: part Vuitton, part cheap materials (not inferring Chevys are cheap, but of course not claiming they aren't either).

I often enjoy the random drift of some of your thoughts, justalayman.

I think it is important for maclaw to avoid using anyone else's rights-protected material in any way whatsoever when creating or promoting his own product, unless or until he has acquired the proper permissions to do so.

He should have an IP attorney in his area review his plans prior to implementation so that maclaw has a better assessment of his legal risks than we are able to provide on a forum.

There is really never a safe way to use another's rights-protected works without authorization from the rights-holder.

 

[AdoptADog]

Louis Vuitton Accessories

I am envisioning the OP purchasing used/pre-owned dust bags for smaller bags, and then appliqueing the Trademark LV portion of that onto a bigger fabric bag to be sold for the larger duffels.

People sell those sleeper bags often. Heck, they even sell the shopping bags from the stores. Of course, there are loads of counterfeit sleeper bags out there. One needs to be up on spotting the originals.

 

[quincy]

I am envisioning the OP purchasing used/pre-owned dust bags for smaller bags, and then appliqueing the Trademark LV portion of that onto a bigger fabric bag to be sold for the larger duffels.

People sell those sleeper bags often. Heck, they even sell the shopping bags from the stores. Of course, there are loads of counterfeit sleeper bags out there. One needs to be up on spotting the originals.

It is possible that what you are envisioning is what maclaw has also envisioned. He needs to have his proposed products personally reviewed by an attorney in his area who knows IP law well, though, to better determine if or how he is infringing on the rights of Louis Vuitton or any other trademark holder.

It appears to me from his posts that, should he go ahead with plans that involve Louis Vuitton material or any other rights-protected material whether being used as part of his own product or as a way to promote his product, he is likely to receive a cease and desist letter, a settlement demand notice, and/or a summons and complaint. At that point, it becomes very very costly.

Trademark holders are aggressive because they have to be. Trademark holders are charged with enforcing their own rights. If infringers are allowed to infringe with impunity, the original trademark no longer becomes a distinctive identifier of a single company. The trademark holder can lose all rights to his mark.

Companies like Louis Vuitton have agents who scour the marketplace (online sites, flea markets, even retail stores) to find infringers. If the infringement is on a wide-spread scale, as it often is with counterfeit goods, even the federal government will become involved.

What maclaw and anyone else CAN do is purchase an original item and resell it as is (unaltered, unmodified). Beyond that you can get into some legal waters best navigated with help from an IP attorney.