Legal Question in Technology Law in Missouri

Do you have to get permission to use different types of brands on your website, or can you just put them there? If you have to get permission is there an easy way in doing so?


Asked on 3/05/10, 5:49 am

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

That is really a vague question. I understand you to be asking if you can display trademarked products for sale on a website without permission of the trademark owner. If that is not your question, clarify and resubmit.

You can display trademark products for sale on a website if you are authorized to sell them, such as if they are resale items. For original new trademarked products you need to check with the trademark owner to see if there are exclusive territoritorial marketing arrangements, as even if you have authentic product bought from the trademark owner or its distributor, you will be in trouble if you violate an exclusive marketing agreement. Since the Internet goes everywhere, trademark owners may have special arrangements with certain authorized distributors via the Internet. They will generally let you know when you buy, but you better ask if you want to be legal and risk-free. Get whoever sells you the product to guarantee authenticity and your right to sell in your intended markets and through your intended point of sale. If it is a website, be especially careful since the Internet covers all geographical territory. If your sales volume justifies it, get legal advice on this as a consultation on your rights is a good investment and can save you lots of later legal trouble and give you peace of mind to pursue aggressively your marketing strategies with the confidence of knowing you are legal.

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Answered on 3/10/10, 9:56 am


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