We want to help businesses successfully market their products while respecting the intellectual property rights of others. Whether you sell food, clothing, accessories, handmade goods or other merchandise, it’s important to understand when using another company’s brand name, logo or design may raise trademark concerns.
This includes products made with branded ingredients, customized merchandise and original creations featuring well-known company names or logos.
This article provides general information only and should not be considered legal advice.
What is a trademark?
A trademark protects brand identifiers, such as company names, logos, slogans and certain designs, that distinguish one company’s products or services from another’s.
Common examples include:
- Food and candy brands: Oreo, Skittles, Reese’s and M&M’s.
- Retail and restaurant brands: Starbucks, Target and McDonald’s.
- Clothing and luxury brands: Nike, Louis Vuitton, Gucci and Adidas.
- Entertainment brands: Disney, Marvel and Barbie.
- Professional sports teams and leagues: NFL, Kansas City Chiefs, NBA, Chicago Bulls, MLB and Chicago Cubs.
- Colleges, universities, and local sports: Team names, athletic logos, mascots and slogans.
These companies have intellectual property rights in their respective trademarks. Using another company’s trademark on your own products or in your marketing may raise legal concerns, particularly if customers could mistakenly believe your product is made, sponsored, licensed or endorsed by that company.
Selling genuine branded products
In many cases, sellers may resell genuine branded products that they have legally purchased, provided those products are accurately represented and have not been materially altered.
Examples include:
- Original, unopened packages of Oreo cookies or Skittles candy.
- Authentic Nike shoes or clothing.
- Genuine Starbucks tumblers.
- Authentic designer handbags or accessories.
- Merchandise featuring modified team logos, recognizable designs or combinations of team branding.
- Products featuring school or local sports team logos without appropriate authorization.
These listings identify genuine products made by the original manufacturer.
However, reselling a genuine product does not make you an authorized dealer or give you permission to create new merchandise using that company’s trademarks.
When trademark concerns may arise
Trademark concerns can arise when a seller modifies a branded product, incorporates it into another product or creates new merchandise featuring another company’s brand name, logo or recognizable design.
Common examples include:
Food and candy
- Freeze-dried Skittles or other branded candy.
- Chocolate-covered Oreos or decorated cookies.
- Candy bouquets or gift baskets featuring branded products.
- Other food products that alter the original manufacturer’s product.
Clothing and accessories
- T-shirts, sweatshirts or hats featuring the Starbucks logo.
- Clothing featuring Louis Vuitton, Gucci or Nike logos or recognizable trademark patterns.
- Shirts featuring Target’s bullseye logo or other recognizable retail branding.
- Tote bags, earrings, keychains or other accessories featuring company logos.
- Custom apparel featuring professional sports team names or logos.
Handmade and customized products
- Tumblers, mugs or water bottles featuring another company’s logo.
- Decals, stickers or signs featuring recognizable brand names or designs.
- Repurposed designer merchandise made into jewelry, handbags or other accessories.
- Handmade products featuring protected characters, logos or artwork from movies, television shows or video games.
These examples are not automatically unlawful in every situation. However, they may require authorization or raise trademark, copyright or other intellectual property concerns depending on the product and how it is marketed.
Important: Purchasing a branded product, finding a design online or seeing another business sell similar merchandise does not automatically give you permission to reproduce or use someone else’s intellectual property commercially.
Even though the original branded item is genuine, marketing the modified product using the trademark may require permission from the trademark owner.
Product titles
As a general guideline, your product title should accurately describe the product you are selling without implying sponsorship, endorsement, or affiliation with another company unless you have authorization to do so.
Examples of titles that may present trademark concerns include:
- Freeze-Dried Skittles
- Chocolate Covered Oreos
- Halloween Oreos
- Gourmet Airheads
These examples use another company’s trademark as the primary identity of a modified product.
Product descriptions
If your product contains branded ingredients, incorporates genuine branded items or is compatible with another company’s products, you should use caution when referencing those brands.
In some circumstances, using a trademark to accurately identify a genuine product, ingredient or compatible item may be permissible without authorization. However, the reference should not misleadingly imply that your product is manufactured, sponsored or endorsed by the trademark owner.
Images
Product images should accurately represent what you are selling without improperly using another company’s intellectual property.
Avoid using:
- Another company’s logos or branding as promotional graphics without permission.
- Official product photographs copied from another company’s website without appropriate rights.
- Images that suggest your product is officially licensed or affiliated with another company when it is not.
- Photos of products featuring unauthorized trademarks or copyrighted artwork.
Whenever possible, use your own product photography and focus on your finished product and your own branding.
However, photographing a product yourself does not eliminate potential infringement concerns if the product itself uses another company’s protected intellectual property.
Marketplace policy
To help protect our marketplace, participating businesses and customers, we may:
- Remove, deactivate or return to draft listings that appear to infringe another company’s intellectual property.
- Request additional information, such as documentation of licensing or authorization to use a trademark.
- Respond to valid trademark, copyright or other intellectual property complaints received from rights holders.
- Require sellers to modify or remove listings that may violate intellectual property rights.
- Restrict listings or seller accounts when intellectual property concerns remain unresolved.
The marketplace may take these actions as a precaution without making a final legal determination regarding infringement.
Seller responsibility
Each seller is solely responsible for ensuring that their products, images, titles, descriptions and other marketing materials comply with applicable trademark, copyright and other intellectual property laws.
Marketplace staff cannot determine whether a particular use of another company’s intellectual property is legally permissible and cannot provide legal advice regarding trademark compliance.
If you are unsure whether your product or listing uses another company’s intellectual property appropriately, we recommend consulting with the rights holder or a qualified attorney before listing the product.
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