I am the occassional ebayer. I have not sold in about two years. So now I am back. I keep seeing all these auctions where people are making things and using their Trademark name to sell them. For example a "Cinderella Blanket." Am I confused but isn't this illegal becaused they are using a trademarked disney characted to profit?? I see tons of this, I always thought this was illegal, am I wrong??
posted on April 8, 2006 10:03:21 AM new
It is just as legal for an ebay seller to use the word Cinderella when selling a Cinderella blanket as it is Best Buy to use the word Cinderella when selling a Cinderella blanket. If the blanket is made using liscensed Disney fabric, there is nothing wrong with what they are doing.
They is an ebay seller that has made as much or more off of suing the trademark owners that have tried to shut her down as she has off of selling her product.
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Never ask what sort if computer a guy drives. If he's a Mac user, he'll tell you. If he's not, why embarrass him? - Tom Clancy
[ edited by fenix03 on Apr 8, 2006 10:05 AM ]
posted on April 8, 2006 10:39:31 AM new
If you have a licesnsed Cinderella item, fair use says that you can resell, even if it is in a new form.
I'm sure someone here remebers the name of the woman that makes the teddy bears and such from liscensed fabric. She has a website detailing her legal battles and the major corporations, including the NFL and Major League Baseall that she has not only one her arguement with, but won settlements from for her efforts to obstruct her from doing business.
~~~ • ~~~ • ~~~ • ~~~ • ~~~
Never ask what sort if computer a guy drives. If he's a Mac user, he'll tell you. If he's not, why embarrass him? - Tom Clancy
~~~ • ~~~ • ~~~ • ~~~ • ~~~
Never ask what sort if computer a guy drives. If he's a Mac user, he'll tell you. If he's not, why embarrass him? - Tom Clancy
