Legal Question in Business Law in Tennessee

Trademark law

I want to start selling merchindise at a swap meet in TN.

I want to sell replica designer goods, I need to know

what I can sell. One example is oakley sunglasses,

can they have the oakley trademark on them if I disclose that they are replica and not the real thing. If you can't answer this can you tell me where to find out. I think

it has something to do with the rcw code, but I don't know what this is.

Thank you


Asked on 4/19/03, 12:25 pm

2 Answers from Attorneys
Marshall Snyder Law Office Of Marshall Snyder

Re: Trademark law

The Lanham Act is the federal law governing trademarks and trade names. You would be in violation of trademark law if you put another company's trademark on any replica goods you sell. Swap shops and flea markets are fertile ground for trademark violations to occur. If it were discoverd that you had used another company's trademark on any replica goods you sell, you would receive an immediate cease and desist letter from that company.

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Answered on 6/23/03, 9:02 pm
Daniel Press Chung & Press, P.C.

Re: Trademark law

You cannot put someone else's trademark on your goods, disclosure or not.

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Answered on 4/19/03, 6:37 pm


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