Hello, My husband and I own a small music store, and I have recently started making earrings out of some of the guitar picks that we have ordered. I was just wondering if it is legal for me to market and sell these online? The picks have brand logos on them like "Fender", etc. I was worried about being sued by Fender if I try to sell these online. Any advice?
Answer
As a Franchise Attorney I can tell you the following. Unless you are an authorized reseller of the picks bearing the logos (meaning you have permission from Fender, etc.), you would be engaging in trademark infringement, etc. An increasing number of manufacturers, especially in this economy and especially online, are pursuing these cases aggressively. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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