Legal Question in Business Law in Portugal

Laws on using already registered brand names

Hi,

I currently have a designer replica handbag site, that is still in the making. I was wondering, if I can use brand names like, Gucci, Prada, Chanel ect to promote my site? I've been to merchant sites and they have a disclaimer stating that they are just making a comparison to the original and don't actually sell the originals just replicas. Is this enough to have on my site, or will I have trouble with the labels for using the names? I just don't want to get into any problems.

Thank you very much for your time. I will be waiting to hear from you.


Asked on 12/23/08, 6:04 pm

1 Answer from Attorneys
Margaret Nunes da Silva Studio Margaret Nunes da Silva

Re: Laws on using already registered brand names

Dear Sir/Madam,

Thank you for your contact.

Please note that famous trademarks enjoy a very broad scope of protection.

Answering your inquiry: No, you can not use famous trademarks in your web site showing replica handbags. This is considered unfair use and TM infringement. The owner(s) of such famous trademarks may sue asking to close your site, to stop selling any "counterfeit products", if any - or any unauthorized use of the mentioned famous trademarks, claiming eventual damages (i.e.: Trademark Dilution Act; Unfair Competition Act).

p.s.: Although some merchant sites use the disclaimer as "an excuse" for such use, several Court decisions show that this is considered as an unfair use and the real intent is to divert consumers to their own website for their own commercial gain.

p.s.(1).: This is an informal information and if you need any further assistance in this issue, you should contact a lawyer in your country (I work with IP issues in Europe and Brazil). Best regards,

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Answered on 12/29/08, 1:20 pm


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