What Is Infringement?

When you use someone else’s trademark without their permission to sell or advertise their products (or similar products or services) by creating the impression you are that party or have authorization from them to use their brand, all indicate trademark infringement.

If all you do is mention another brand, Apple, as an example, to announce the release of a new product, the iPhone, you are within your legal rights to do so. Mentioning another brand is not an infringement.

Trademarks are for the protection of two parties, the brand owner and the public. The public endures no injury when you tell them about the product. But if you sell your phones and say, “this is an Apple iPhone,” when it is not, you are hurting the consumer with fraudulent claims.

Is It Ever Okay?

When might you sell another’s product under their brand name legally? Suppose you buy a product like a new iPhone, new Corvette, or Ferrari and decide to sell that item. What should you do? 

Regardless of the item or brand, it is entirely legal to use the name of the product you are selling. That is, as long as you don’t attempt to create the impression you are an authorized agent.

Summary

Mentioning another brand, even when offering a branded item for sale, is usually legal and within your rights. Giving information and details, including pricing and product reviews, is permitted unless you attempt to present yourself as the brand owner or its authorized dealer.

Trademark infringement occurs when one party misrepresents its relationship to the brand and its products. Trademarks are in place to protect consumers from this fraud and the trademark owner from damage to their brand.

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