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AZ-native

Selling apparel containing trademarked things on them online that is imported

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I think I understand what there is to know about copyrights and trademarks, although as an idea of an online retail store comes to mind I can't help but ask a few questions:

1- If I buy product from another country and sell online (which has the trademarked images) would I be able to use the First Sale Doctrine in my defense if a company tries to sue me for trademark infringement?

2- How would I go about getting verification that a company has a trademark license, and confirming, to produce the apparel?

3- Is there a disclaimer that I can post on the website I plan to build to let any trademark owners know that I am a reseller, not a producer? If so, anything specific that needs to be input within the disclaimer? 

4- Would I also have to obtain a trademark license from the company in order to post them online? Even if I fall under the First Sale Doctrine criteria, although I won't be in direct contact with any of the products

 

On another note:
5- Will I need to obtain an EIN and create a business entity (LLC) if I were to go forward, prior to the site going live? Although it won't be my main source of income for the near future

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The "first sale doctrine" only applies if you purchased the item from the trademark owner.  It clearly does not apply if you are selling counterfeit articles.  That leads me to suspect you do not 

13 minutes ago, AZ-native said:

think I understand what there is to know about copyrights and trademarks

 

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3 hours ago, AZ-native said:

Will I need to obtain an EIN and create a business entity (LLC) if I were to go forward, prior to the site going live?

 

Not necessarily. An LLC is a disregarded entity for income tax purposes. You would use your own SSN and attach Schedules C and SE to your return. Nor will an LLC protect you from being sued personally for trademark infringement.

 

3 hours ago, AZ-native said:

Would I also have to obtain a trademark license from the company in order to post them online?

 

The best and safest route is to get consent from the manufacturer even if it means buying a license. An infringement lawsuit can put you into the poorhouse just from defense costs even if you haven't done anything wrong.

 

If you aren't willing to do it right, don't do it.

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3 hours ago, AZ-native said:

If I buy product from another country and sell online (which has the trademarked images) would I be able to use the First Sale Doctrine in my defense if a company tries to sue me for trademark infringement?

 

Is the product licensed by the owner of the trademark?  If not, the answer is no.  Also, I'm not sure what "tries to sue" might mean.

 

 

3 hours ago, AZ-native said:

How would I go about getting verification that a company has a trademark license, and confirming, to produce the apparel?

 

By asking the seller for a copy of the license.

 

 

3 hours ago, AZ-native said:

Is there a disclaimer that I can post on the website I plan to build to let any trademark owners know that I am a reseller, not a producer?

 

You can use all the disclaimers you like.  Whether they'll do you any good is impossible to know in the abstract.

 

 

3 hours ago, AZ-native said:

Would I also have to obtain a trademark license from the company in order to post them online?

 

In most cases, if the product is properly licensed, no.

 

 

3 hours ago, AZ-native said:

Will I need to obtain an EIN and create a business entity (LLC) if I were to go forward, prior to the site going live?

 

You don't "need to . . . create a business entity," and you only need an EIN if you create a corporation or an LLC.

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