Login|Contact Us
Question and Answer

Intellectual Property Law

Ask an Intellectual Property Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

We currently buy and sell products on ebay for products that

 
dkennedy's Avatar
  • Answered by:dkennedy
  • Lawyer
  • Positive Feedback: 97.4 %
  • Accepted Answers: 60
Verified Expert
in Intellectual Property Law

Recent Feedback

Positive
Type your review here...
Positive
The question I gave this attorney was one that would take a lot of more research...
Positive
Young man, I can hardly thank you enough !!!!
Positive
Thank you, this was very, very helpful and gave me a greater understanding on...
Positive
Went the extra mile. I appreciate every bit of his assistance.
Positive
Thank You!!
Positive
Thank you for your simple answer to a very complex situation.

Customer Question

We currently buy and sell products on ebay for products that are compatible for products like chargers, cables, cases, etc.

You can see our products at http://stores.ebay.com/iCandyCords?_rdc=1

We buy these products through www.aliexpress.com a Alibaba brand.

I am worried we might be breaking the law or might need to put some kind of disclaimer up with our listings.

Also are we able to offer these products on a regular website and what protocol would need to be followed?

 

Optional Information:
State/Country relating to question: United States

Submitted: 291 days and 17 hours ago.
Category: Intellectual Property Law
Value: $25
Status: CLOSED
Picture
Expert:  dkennedy replied 291 days and 14 hours ago.

Hello,

Can you tell me exactly in what area you think you might be breaking the law? Do you change the packaging and put your own name on the articles? Or something else?

Customer replied 291 days and 12 hours ago.

I just am worried that selling products that can be compatible with Apple products might be against the law. We disclaim they are generic products and that they work with specific models. These products are from China and I don't believe to be licensed or registered as approved "Apple" products.

I just want make sure I prevent any lawsuits from selling these products and if there is any legalise I need to add to my listings or websites.

Accepted Answer

Picture
Expert:  dkennedy replied 291 days and 3 hours ago.

Hello,

From what you're telling me you are doing nothing wrong. It is perfectly acceptable to use the name Apple in that context, as long as you make it clear in your wording that they are generic (whatever name you use) and not Apple products. The trouble for people comes when they try to "hint" that it's a specific brand when it is not. It is much the same as when you buy generic vacuum cleaner bags at the store that list they will fit "Hoover" "Eureka", etc. Another problem people get into when they make up a name that sounds like it might be the established brand to "fool" people.

But, It sounds like your business is perfectly acceptable and legal. If you have any follow up questions or want to discuss this further, feel free to do so. Good luck!

Expert TypeLawyer
Category: Intellectual Property Law
Pos. Feedback: 97.4 %
Accepts: 60
Answered: 7/8/2012

Experience: 15+ years of practice, including intellectual property--primarily copyright law

Ask this Expert a Question >
 
Tweet

5 IP Lawyers are Online Right Now

Ask Your Question Now
Ask an IP Lawyer
Type Your Intellectual Property Law Question Here...
characters left:

Top Intellectual Property Law Experts

See More IP Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask an IP Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
224 IP Lawyers are Online Now
Type Your Intellectual Property Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan