Hi,
I am a small business owner that sells designer inspired merchandise. None of my inventory items are replicas, nor does anything I sell contain any trademarked or copyright materials, names, fabrics, etc. Additionally, I am very clear with my customers in stating that this merchandise is not original, counterfeit, replica, etc. I make sure to emphasize to all of my customers that each item I sell is a designer inspired accessory.
I would sincerely appreciate any help with this question, as it is very important to me that I am not in violation of any laws while pursuing this small business endeavor. And as with any small startup, any free advice is considered a tremondous help due to limited funds. Thanks in advance!
My question: If I were to sell designer inspired merchandise (not knock offs, replicas, counterfeits, etc.) on a website, would it be legal to refer to the original brand names for comparison purposes only? My site would indicate each category of merchandise as "Inspired by...". Additionally, I would include a disclaimer to clearly indicate that all merchandise is not original or replica and that any reference to designer brands are simply for comparison purposes only. I would also add that my company is in no way affliated with any of the designers mentioned on the site. The disclaimer would read something to the affect of:
"Company" does not sell authentic or genuine brand name merchandise, unless specifically described as "authentic" brand merchandise within product details. Our items are not exact copies, nor do they contain any trademarked or copyrighted materials. We do not claim or imply our merchandise to be original, authentic or genuine to any registered designer brand labels or their copyrighted products/materials. Thereby, we do not violate any U.S. copyright or trademark laws, we simply state that they are comparable in style to designer brand accessories. Please be aware "Company" is not associated with, affiliated to, or sponsored by any of the trademark owners of designer merchandise manufacturers. Our items are to be used strictly for entertainment purposes only. We are not responsible for inaccurate representations portrayed by our customers in claiming authenticity of any of our merchandise. Additionally, we do not assume any liability, civil or criminal, for such actions. If you desire authentic brand name designer merchandise, please contact an authorized dealer.
Company reserves the right to change its policies, pricing or availability at any time. Additionally, we do not claim website contents to be complete, accurate or error free. Company offers no warranties, express or implied, for any its site contents. Use of this website is at the sole discretion of the customer. Such use constitutes full acknowledgement of all disclaimers contained herein.
I am a small business owner that sells designer inspired merchandise. None of my inventory items are replicas, nor does anything I sell contain any trademarked or copyright materials, names, fabrics, etc. Additionally, I am very clear with my customers in stating that this merchandise is not original, counterfeit, replica, etc. I make sure to emphasize to all of my customers that each item I sell is a designer inspired accessory.
I would sincerely appreciate any help with this question, as it is very important to me that I am not in violation of any laws while pursuing this small business endeavor. And as with any small startup, any free advice is considered a tremondous help due to limited funds. Thanks in advance!
My question: If I were to sell designer inspired merchandise (not knock offs, replicas, counterfeits, etc.) on a website, would it be legal to refer to the original brand names for comparison purposes only? My site would indicate each category of merchandise as "Inspired by...". Additionally, I would include a disclaimer to clearly indicate that all merchandise is not original or replica and that any reference to designer brands are simply for comparison purposes only. I would also add that my company is in no way affliated with any of the designers mentioned on the site. The disclaimer would read something to the affect of:
"Company" does not sell authentic or genuine brand name merchandise, unless specifically described as "authentic" brand merchandise within product details. Our items are not exact copies, nor do they contain any trademarked or copyrighted materials. We do not claim or imply our merchandise to be original, authentic or genuine to any registered designer brand labels or their copyrighted products/materials. Thereby, we do not violate any U.S. copyright or trademark laws, we simply state that they are comparable in style to designer brand accessories. Please be aware "Company" is not associated with, affiliated to, or sponsored by any of the trademark owners of designer merchandise manufacturers. Our items are to be used strictly for entertainment purposes only. We are not responsible for inaccurate representations portrayed by our customers in claiming authenticity of any of our merchandise. Additionally, we do not assume any liability, civil or criminal, for such actions. If you desire authentic brand name designer merchandise, please contact an authorized dealer.
Company reserves the right to change its policies, pricing or availability at any time. Additionally, we do not claim website contents to be complete, accurate or error free. Company offers no warranties, express or implied, for any its site contents. Use of this website is at the sole discretion of the customer. Such use constitutes full acknowledgement of all disclaimers contained herein.
