Trademark usage?

[jjfehr]

What is the name of your state? Wisconsin

I am a small vinyl sign maker that wishes to make signs for independent distributors of a trademarked company The company is an MLM. I don't want to sell signage to the company itself, just the Independent marketers. The company tells me that they have chosen a sole distributor of signage for the company. I have asked several times for the proper usage of their trademark in advertising for their Independent marketers. I looked up the "sole distributor" and found that they are charging about 30% over retail. I think that the company is limiting fair competition by limiting their distributors to purchasing their marketing needs from the "authorized" dealer. I also feel that they are doing this because they are getting a kick back on the sale of marketing goods as well as the goods themselves. I submitted a letter to the company asking them if my sign fit into their usage guidelines for their independent reps, they said no! However this "authorized" company is selling the same thing for 40% higher than I can offer it for. My true desire is to offer a great product at a reasonable price and make myself as well as the marketers very happy.

Can they limit whom their "independent" marketers can buy marketing materials from, especially if they can buy identical goods for a better price?

Can they make a profit from marketing items as well as actual goods sold?

It is not like I'm selling Nike t-shirts(apperal clothing), just signage to help them sell more of the products that they claim to be selling.
Your help is greatly appreciated,
Jason

 

[HomeGuru]

What is the name of your state? Wisconsin

I am a small vinyl sign maker that wishes to make signs for independent distributors of a trademarked company The company is an MLM. I don't want to sell signage to the company itself, just the Independent marketers. The company tells me that they have chosen a sole distributor of signage for the company. I have asked several times for the proper usage of their trademark in advertising for their Independent marketers. I looked up the "sole distributor" and found that they are charging about 30% over retail. I think that the company is limiting fair competition by limiting their distributors to purchasing their marketing needs from the "authorized" dealer. I also feel that they are doing this because they are getting a kick back on the sale of marketing goods as well as the goods themselves. I submitted a letter to the company asking them if my sign fit into their usage guidelines for their independent reps, they said no! However this "authorized" company is selling the same thing for 40% higher than I can offer it for. My true desire is to offer a great product at a reasonable price and make myself as well as the marketers very happy.

Can they limit whom their "independent" marketers can buy marketing materials from, especially if they can buy identical goods for a better price?

**A: yes, and it is done all the time.
******

Can they make a profit from marketing items as well as actual goods sold?

**A: see above.
********

 

[jjfehr]

how about making signs for say.... Excel long distance phone reps that don't use trademarked logos or names, just generic terms
Like (off the top of my head).....(asuming a trademark search has been performed on the below)
For discount longdistance
phone service call
John Doe
555-555-1212

 

[HomeGuru]

how about making signs for say.... Excel long distance phone reps that don't use trademarked logos or names, just generic terms
Like (off the top of my head).....(asuming a trademark search has been performed on the below)
For discount longdistance
phone service call
John Doe
555-555-1212

**A: as long as the registered company name and logo is not in the sign, it is perfectly legal.

 

[jjfehr]

Last question, I promise! Even if it is marketed to the companies reps using the company name in the marketing efforts

 

[HomeGuru]

Last question, I promise! Even if it is marketed to the companies reps using the company name in the marketing efforts

**A: You cannot use the company name/logo etc, in any of your marketing without written permission. Will you get written authorization? Most likely no.