Trademark Infringement Question

[Aiden21]

Hello - I am in need of some advice on trademark infringement. I have some items I want to resell online that have been altered. I paid retail for these items and no longer need to use them. The altered item still has the trademark on it. Will I get sued for trademark infringement if I clearly state a disclaimer saying that this product is "second-hand used" and the Trademark owner's warranty does not apply?

I don't want to resell something that will get me in a bind.

Thanks in advance for any advice you can give.

 

[quincy]

Hello - I am in need of some advice on trademark infringement. I have some items I want to resell online that have been altered. I paid retail for these items and no longer need to use them. The altered item still has the trademark on it. Will I get sued for trademark infringement if I clearly state a disclaimer saying that this product is "second-hand used" and the Trademark owner's warranty does not apply?

I don't want to resell something that will get me in a bind.

Thanks in advance for any advice you can give.

What is the name of your state, Aiden21 or, if not in the US, what is the name of your country?

In the US, you are allowed to resell an item that you have legally purchased by virtue of the first sale doctrine, but you are not allowed to alter or modify an item that is trademark-protected without permission (generally granted in the form of a license) from the trademark holder. To do so is an infringement on the trademark holder's rights.

Disclaimers do not prevent a lawsuit from being filed against you.

 

[Aiden21]

Hi Quincy:

I am in the US. Thank you for the advice. This has been very helpful.

 

[quincy]

Hi Quincy:

I am in the US. Thank you for the advice. This has been very helpful.

Thank you for letting me know you are in the US and thank you for the thanks.

There was a thread posted awhile ago that addressed this same issue. The case law that has developed in the US over the altering or modifying of trademark-protected goods was discussed in some depth. Here is a link to that thread, if you are interested in reading more:

https://forum.freeadvice.com/sports-arts-entertainment-law-86/selling-reconstructed-hockey-jerseys-legal-506442.html

 

[Aiden21]

Thanks again and much appreciated. I didn't see the post about the jerseys since I'm a new-bee on this forum 😐

 

[quincy]

Thanks again and much appreciated. I didn't see the post about the jerseys since I'm a new-bee on this forum 

The thread is from 2010 so I really didn't expect you to have seen it.

I just remembered it as having case law relevant to your question here so, instead of repeating what was said there, thought I would provide a link to it.