Discussion:
Our Colorado USA small business has the opportunity to purchase a closeout shipment of products currently at the manufacturers warehouse in Europe. The product was made with a third company's US trademarked name and logo on it for them over a year ago, but they refused shipment and never finished paying the manufacturer for it, in effect cancelling the order and abandoning the product after it was made. The manufacturer has told us that we can purchase the products from them at a great price and sell them in the USA without liability from the trademark owning company, as the goods now belong wholly to the manufacturer and were abandoned. Is this true; can we purchase and sell the goods with someone else's logo on them without fear of losing a lawsuit, or would we be committing a gross violation of the third company's trademark rights and should avoid the purchase entirely. The third company is unlikely to approve the transaction as our selling their product dilutes the trademark they have with no benefit to them.
Johann Robbins
<johann@skiboards.com>
Answer:
First, I do NOT know the answer, and any lawyer would have to look at all the facts and documentation -- such as the nature and type of licenses -- to get you evan an approximately acceptable answer.
Second, even if you could buy the goods, you might wind up being sued by the trademark owner, and your ability to get recourse from the maufacturer is dubious..