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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118809
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Greetings; I have a business that sells officially licensed

Customer Question

Greetings; I have a business that sells officially licensed products from Volkswagen. We import the products from Germany, so my company doesn't have any agreement directly with Volkswagon. The name of my company is Cool VW Stuff. Our website is www.coolvwstuff.com. Id like an opinion as to whether I am infringing on Volkswagons IP by using this business name? I'd rather change it now than to get a letter from VW down the road saying there is a problem. Thanks for your help.
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You are not infringing on their mark because your name is "nominative use" of VW. Nominative use means that you cannot describe what you sell without saying VW parts, because that is what it is, so you are using VW to describe your business, no different than a mechanic who hangs a sign saying VW World Mechanic, it is telling people what he does and that is a permissive use and there is no likelihood of confusion with VW.