Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[Living in PA]

I have a question regarding internet retailer liability.  I have done a lot of research and I can't find an answer.

What is the liability of an internet retailer for trademark infringement for the production of custom-made (customer defined) products?  For example, what if I sell coffee cups, with customer-defined designs, over the internet.  The customer may submit a picture, or words, phrases, etc. that I reproduce on the cup.  What if the customer submits the name of a NFL team, or a picture of a NFL team logo?  Or perhaps a picture of his son, wearing a NFL team t-shirt with the team logo?  Am I liable for trademark infringement?  I know that there is an "innocent printer" exception to trademark infringement, but I am not sure this situation applies to that exception.  Is this fair use?  Practically, I am not sure how a large volume manufacturer/retailer of custom-made products would be able to police every individual product that they produce.  I thought there would be many instances of this out there but I have been unable to find anything (case law, articles, etc.) on topic.

Thank you very much for any help you can provide.

[OMG IP]

if you use a mark in a manner that is deemed to cause confusion with a senior user/owner's mark, you infringe.

There are defenses to infringement, but I am not sure as to the applicability here.

[JSonnabend]

John's advice is good for as far as it goes.  Unfortunately, it doesn't go very far.

In order to be deemed an infringer, you have to be "using" a mark that is confusingly similar to someone else's senior mark.  Simply applying a logo to a mug, etc, might very well fall into that category, but including a picture of someone wearing clothing having a visible logo (for example) does not.

Regarding the innocent infringer (printer) exception of 1114(2)(a), case law varies from circuit to circuit regarding what constitutes a printer and what constitutes innocent.  While you may be deemed a printer, I believe, you might not be deemed innocent if you have reason to believe the use of the logo is not authorized.

- Jeff

[Yak]

I would liken this to all of these online t-shirt printing companies, like Cafe Press, Zazzle, and the rest? 

Take a look at http://www.zazzle.com/mk/policy/user_agreement.

[JSonnabend]

Yak, that may be, but how does that impact the "printer's" liability for trademark infringement?

- Jeff