Ratings. Guidance. The Right Lawyer.
There are several companies selling Truck Nutz. Would it be infringement if I resold them w/ a different concept or make my own?
Atlanta, GA
Viewed 83 times.
Posted 5 months ago in Trademark Infringement
Flag as objectionable
Many companies on the internet are selling Truck Nutz for display on cars, bikes, etc. I have a different concept for the item & would like to know if I were to resell them & repackage them would I be infringing on their trademark because it is a replica of the male anatomy. The resale is nothing vulgar but helpful. However, I wanted to know that if this product is of the human anatomy would it be best just to make my own prototype? Or would it be a Trademark Infringement if I purchased theirs at wholesale and resold them in a new and different type of packaging?
Additional information
The way I wanted to use it has nothing to do with the name of the Truck Nutz company just the object itself. I want to use as a gag gift for people with low self esteem. Answers (1)
Pamela Koslyn
This attorney is licensed in California.
Posted 5 months ago.
Flag as objectionable
Reselling someone else's product in different packaging is definitely trademark infringement and "passing off" someone else's product as your own.
It's not clear what you mean by using a different concept or making your opwn product, but if you design and make your own product and name it something different, it could still evoke the Truck Nutz trademark and be infringment. It would depend on how similar your name and product are and whether consumers are likely to be confused. But if a lot of companies are making these, it's also possible that the original trademark owner abandoned their trademark, and that no one has trademark rights to enforce, so there is no infringement. You shouild consult a qualfieid IP lawyer to review the registered marks and the marketplace to review your situation and proposed idea. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. |
