Can I use a companies logo on my website without expressed permission if I am re-selling/loaning out used clothing?

Business 2 views 3 answers
I re-sell and loan out used clothing and was wondering if I am legally allowed to use logos from the brands I carry, without permission, if I include the following in our terms: "All other trademarks, logo's or slogans not owned by "site name" that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by "site name"."

Attorney Answers

3
William F Lang IVPatent Application AttorneyBeaver, PA ·
If you are actually selling used clothing of that particular brand, then it is okay to truthfully advertise that fact. I would be careful to display "used" or "pre-owned" prominently next to any trademark used in this manner, as well as including a disclaimer. Be careful to avoid using anyone's trademark in a manner that implies that you are endorsed by or affiliated with them in any way.
0 upvotes
Andra Marie VaccaroIntellectual Property Law AttorneyLos Angeles, CA ·
You may use a website to display the brand name of clothes that were originally legally obtained so long as you state that they are used or that they are available to rent. If the clothes were not purchased legally, then you may not. As to your phraseology, you really should have a local IP attorney review it with you and change it so that it is a proper disclaimer.
0 upvotes
Helena Kobrin ·
I agree with the other answers. This works if you don't do it in such a way as to create any likelihood of confusion that they are sponsoring your website and you make clear what you are selling/loaning is not new. Good that you will get your language reviewed by an IP attorney to make sure you are OK.
0 upvotes

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