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[saxon]

I own a small online company that sells products related to the beverage industry.  I carry products from a company that is headquartered in Europe but has an American division.  

I buy products from the American division of this company at wholesale rates, take pictures of them and sell them on an online storefront.  I have been doing this for 3 years without incident.  The products are sold for resale and I help promote their products online probono.  Their American Division is fully aware of my business and intentions of reselling their products online for profit.

Today, the European legal department for this company emailed asking that I remove all product images for products that bear their trademark.

Questions:

1. By buying from their American division, do I have the implied right to take a picture of the product and place it on my web store?  

2. I am not using their images. I am taking the pictures myself.  Does this impact their request?

3. What should I do?  


 

[JSonnabend]

1. By buying from their American division, do I have the implied right to take a picture of the product and place it on my web store?  

In all likelihood, the answer is yes, you can do that.  The same would likely be true even if you bought from the EU parent.

2. I am not using their images. I am taking the pictures myself.  Does this impact their request?

If you were using either company's photo, that might run afoul of copyright law.  The fact that you are using photos taken by you steers you clear of this issue.

3. What should I do?  

Well, that's the $64 question, and only you can answer that.  You might consider hiring an attorney to respond to the letter for you.  You might also consider contacting the American company and asking them "what's up with this?"

- Jeff


  [/quote]

[saxon]

Thanks Jeff!