Using a companies Trademark because your selling the product

Hello;

I am unclear as to what use of a trademark is allowable without the companies direct permission when selling the product.

For example, I was looking at selling some supplies for Bonsai. One product that is commonly used is called T-u-r-f-a-c-e (dashes added to keep this post from listing for this word in G). The company that makes it does not market it for this use and I would just be buying it from a local supplier with no direct connection or affiliation with the company whom manufactures T-u-r-f-a-c-e.

I've seen people make domains names like Buy-product-name-here-now.com and I assume that is trademark infringement, even when they are selling the product that the company makes? Am I correct is this assumption? Would a company that uses the sub-domain name: Nikon-Camera.NetShoppers.com be infringing on Nikons trademark?

Can I setup a web page, assuming I do not misrepresent myself as being the manufacture of T-u-r-f-a-c-e, make up my own domain unrelated to the company or product name, then prominently display something to the effect: T-u-r-f-a-c-e Store Buy now from my-company-name LLC?

I know I can't just take there logo to use, that obviously would be infringement, but can I display a photo I have taken of the product that contains their logo?

I am just having trouble understanding at what point your infringing and at what point your just acting like any other store selling a product.

Thanks very much,

Jamie

 

IP law is full of shades of grey and to be honest, if they don't get you one way they will get you another. One high end brand recently successfully sued a retailer for deformation after failing to get them on trademarks.... the retailer was a budget provider and the manufacture stated that their highlighting they were selling their brand devalued the exclusivity of the brand.

Having the name in the domain/ subdomain is likely to cause problems (domain more so but only because its easier to find) but ultimately it is at the discretion of the trademark owners.

Your always best approaching the relevant company and ask for permission. Certainly my experience has been most have said yes, once you get through the pain of red tape to get to the right people.

 

Product name used in a TLD is infringement if you do not have permission. Sub-domain is less risky - I do not think there has been a successful suit for infringement. Even if there has not be a successful suit, defending an infringement suit is extremely expensive (can easily run six figures). A deep pocket may used a suit to bury you in legal fees if they really don't want you to use it. As stated above, it is always best to get permission.

 

Thank you both for the information. Hopefully I can find the right person at the company and getting permission won't be too difficult.

Thanks again,
Jamie