Intellectual Property Law

Intellectual property law questions? Ask a lawyer

Ask a Lawyer,
Get an Answer ASAP!

I'm contacting you regarding an intellectual property law…

Customer Question
Good morning,I'm contacting you regarding...
Good morning,I'm contacting you regarding an intellectual property law question which could also effect trademark law. To understand the complete scenario, please let me explain as follows.
I have currently the opportunity to buy overstock merchandise (brand shoes) in the European Union (Germany) at very decent cost. The products are 100% authentic and have been released by the manufacturers for sale in the European Union. The company I would buy the overstock from receives those products from official and legit retailers comparable to the big US ones starting with an M or an S.
The products would be shipped in mixed lots and would include several well known designer brands as well as regular brands. Again, those products are 100% authentic and have been sold in the European Union and the idea would be to resell those in the US.
After I tried to do some research on my own, I decided to ask a specialist to answer my following questions:1. According to current law, the above mentioned scenario would be considered a parallel import, also known as grey import which is generally not prohibited correct?2. Would the product be free for resale in the United States, even if the trademark owner did not give me the approval to do so considering that the first sale of this product has happened in the European Union with the approval of the trademark owner?3. Does the product need specific labeling to be legally resellable in the US, stating its European origin and if so, would this be necessary for all brands?3.1 If 3 is the case, how can I find out which products need specific labeling and to what what point in the supply chain? Arrival at customs or arrival at final customer?4. Will there be anything else to consider in this scenario to make sure everything is in alignment with US law and can not cause any trouble down the road?Thank you very much for your help in this.
Submitted: 8 months ago.Category: Intellectual Property Law
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 3 hours by:
11/13/2017
IP Lawyer: socrateaser, Lawyer replied 8 months ago
socrateaser
socrateaser, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 40,068
Experience: Retired
Verified

Hello...answers by the numbers:

1. Correct.

2. Yes, provided that your use of the manufacturer's trademark does not create any confusion in the mind of an ordinary consumer as to the source or affilation of the product. There is case out of the U.S. District Court in Florida that discusses the trademark issue at length: SWATCH SA v. New City, Inc., 454 F. Supp. 2d 1245 (S.D. Fla. 2006). I suggest you review it for a comprehensive explanation of what you can and cannot do.

3. Generally, a product that is not marked "Made in [country of origin]" could be construed as confusing an ordinary consumer, which would violate trademark law. It may also violate U.S. Customs tariff regulations. So, the safest practice is to correctly labor the products with the country of origin.

4. Since I believe all products should be appropriately labeled regardless of source, this issue is inapplicable.

5. Some products may be subject to license, rather than sale. A licensed product is not subject to the "exhaustion" or "first sale" doctrines that protect distributors from potential patent, trademark and copyright issues, after the first sale of a product occurs. I don't see that shoes would have this sort of problem (whereas computer software absolutely would). If it were me, I would send a test shipment through U.S customs and see if your product is seized. I have had many clients who engage in transactions such as you describe, and the manufacturer finds a way to stop the shipment in customs -- with the result that the client is unable to afford the legal battle to obtain release of the product(s).

You could also simply choose to use an import-export broker to ship the products for you. But, I realize you're trying to eliminate costs as much as possible. Which is why I'm suggesting a test shipment.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

Ask Your Own Intellectual Property Law Question
IP Lawyer: socrateaser, Lawyer replied 8 months ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

Ask Your Own Intellectual Property Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an ip lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 40,068
40,068 Satisfied Customers
Experience: Retired

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Robert McEwen, Esq.

Robert McEwen, Esq.

Lawyer

883 satisfied customers

Licensed Texas General Practice Attorney

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

561 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

466 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

461 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

P. Simmons

P. Simmons

Lawyer

178 satisfied customers

12+ yrs. of legal experience.

< Previous | Next >

Related Intellectual Property Law Questions
We are an online retailer, selling through various
We are an online retailer, selling through various marketplaces such as Amazon, Ebay, etc, we resell liquidation merchandise, that means we buy lots of varied brands, eventually we are unable to list … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I am looking to form LLC using one name and have other
Hello My name is Avenda and I am looking to form LLC using one name and have other catergories under it. THe LLC would be the brand name and under the brand will have other things associated. Can i do… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
This is a question about copyrights. New york. It is a
it is a question about distribution of copyrighted goods… read more
Ely
Ely
Counselor at Law
Juris Doctor
461 satisfied customers
If I purchase MLB or NFL licensed ribbon and mini pennants
If I purchase MLB or NFL licensed ribbon and mini pennants from licensed resellers, can I use that ribbon and pennant to create a handmade item and then sell that item?… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
138 satisfied customers
I have questions regarding Intellectual property law. If I
I have questions regarding Intellectual property law for business. If I take a picture of an item A which is selling in brand store and post the image online myself. Someone named Micky in country Won… read more
montysimmons
montysimmons
Owner Simmons Patents
Doctoral Degree
328 satisfied customers
On this same topic about resale of Ralph Lauren, Banana Republic,
On this same topic about resale of Ralph Lauren, Banana Republic, etc... and based on your previous notes, I would assume that it is also legal to resell items purchased at their outlet stores (and re… read more
socrateaser
socrateaser
Lawyer
40,068 satisfied customers
I want 2 sell candles made out of used liquor bottles.
i want 2 sell candles made out of used liquor bottles. should i put a disclamier on them ? or does it not matter because the procut was garbage?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I am a distributor of "grey market" consumer products like
I am a distributor of "grey market" consumer products like NIKE Shoes, POLO Ralph Lauren Shirts, Oakley sunglasses, Callaway Golf Clubs, etc. These are all purchased in USA either from the license hol… read more
alex reese
alex reese
Intellectual Property Attorney
JD
2 satisfied customers
we are going to import luxury goods like Prada, Gucci, D&G
we are going to import luxury goods like Prada, Gucci, D&G from EU to US. It is Parallel Importing from Grey market in EU. And, we are going to sell them through our own online store and physical stor… read more
alex reese
alex reese
Intellectual Property Attorney
JD
2 satisfied customers
Hello, I have a website that sell authentic Coach handbags
Hello, I have a website that sell authentic Coach handbags which were bought from the Coach store with receipt. A person emailed whether I wholesale (I get this type of email all the time) and want to… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
In Kenya there is a soda called Tangawizi (meaning ginger in
In Kenya there is a soda called Tangawizi (meaning ginger in swahili). It is made by Coca-Cola but only available in Kenya and Tanzania. I am trying to figure out the legality of selling this soda in … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,770 satisfied customers
I am planning to sell OPC-3 (or OPC3), - an antioxidant from
I am planning to sell OPC-3 (or OPC3), - an antioxidant from 3 different plant sources. OPC-3 is a generic chemical name to describe a product. It has a directing meaning for a specific antioxidant. I… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I want to sell non branded items which will be made in China.
I want to sell non branded items which will be made in China. My main concern is IP infringement (patent, trademark, etc). For example, if I sell a non branded necktie which has the same stripped patt… read more
alex reese
alex reese
Intellectual Property Attorney
JD
2 satisfied customers
I believe this question is for someone with Intellectual Property
I believe this question is for someone with Intellectual Property experience in New Zealand. My Question is as follows. (1)We have purchased product from a North American distributor and shipped this … read more
alex reese
alex reese
Intellectual Property Attorney
JD
2 satisfied customers
Hello, we have a business that we sell Bath & Body Works and
Hello, we have a business that we sell Bath & Body Works and Victoria's Secret products on. We only use those companies name in the title of the item, since it is part of the title. We also clearly id… read more
alex reese
alex reese
Intellectual Property Attorney
JD
2 satisfied customers
Most of the big brands are going to China and other countrie
Most of the big brands are going to China and other countries to manufacture their goods such as footwear and apparel. Those manufacturers then resell these items to other company as is or by OEM (cha… read more
alex reese
alex reese
Intellectual Property Attorney
JD
2 satisfied customers
we are a USA company willing to sell brand-name textile products
we are a USA company willing to sell brand-name textile products on the web using a dropshipping supplier from Asia. The Asian supplier seems to be legit, their samples are genuine too, however to pre… read more
alex reese
alex reese
Intellectual Property Attorney
JD
2 satisfied customers
I have recently started selling items on Craigslist. These
I have recently started selling items on Craigslist. These products are "fashion inspired" so in other words they are replica brand name products. I am wanting to know if it is legal to sell these pro… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x