What is the law regarding starting a business based on an existing business?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is the law regarding starting a business based on an existing business?
I was planning on starting a business shipping products from a popular local retail store across the country. It will be an e-commerce site basically only selling their private label products at a 40% markup. The site will have a lot of information about the retail store including recipes, product updates, etc. but not be affiliated with them in any way. The name of the retail store will also be part of the URL. Is this legal or is there a trademark issue happening?
Asked on July 14, 2012 under Business Law, California
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 12 years ago | Contributor
If you are using theire trade name without their permission, then trademark and copyright law violations may both be implicated. You can resell their products without mentioning their name in marketing in any way, but when you use their business name and also use it as a part of your URL, you are exposing yourself to liability including statutory penalites.
Best of luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.