If a retail store buys Nike sneakers, alters the appearance, such as color, or adds some patterns on the shoes, then resell those shoes with a high margin with Nike label on. Would it be some sort of IP right infringement here?
1 Answer from Attorneys
Yes. Altering a trademarked product falls under the legal heading of "trademark dilution," which means, in general terms, that the right of the trademark owner to be sure that its products reach the ultimate consumer in its as-intended condition (quality, integrity, consistency of design, consumer expectations in all regards, etc. etc.) is infringed by such modifications.
You can't buy a Ford, put a Chevy engine in it, then sell it as a Ford.
Similarly, trademark law includes the right of the trademark owner to be certain that goods sold under its trademark are essentially un-altered -- whether the alteration is an improvement or not, or is fully known by the consumer/buyer at the time of purchase, notwithstanding.
Related Questions & Answers
My question concerns trademarks. I want to convince the Houston Rockets basketball... Asked 11/06/13, 7:30 am in United States California Intellectual Property
I wrote music for a new musical for several years and then was dropped by the writer... Asked 10/28/13, 11:56 pm in United States California Intellectual Property
I am in a situation that can be more easily explained by using the following... Asked 10/28/13, 11:12 pm in United States California Intellectual Property
I am the inventor of a thermal/chemical process of reforming hydrocarbon molecules... Asked 10/28/13, 9:17 am in United States California Intellectual Property
I worked on a website on my part time for over 4 years and a NPO used that with the... Asked 10/21/13, 2:22 pm in United States California Intellectual Property