I would also like to do that!
October 29, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Article number on Ebay: 120485005666, Ebay name: *Glamourbaby*
Is it allowed to customize a branded pacifier, meaning decorating it with pearls, rhinestones, etc., and then sell it on Ebay?
I already have two pacifiers for sale on Ebay, from Rock Star Baby, and would like to continue doing this.
Best regards,
Ramona Thalkofer
Dear seeker of advice,
Thank you very much for your inquiry!
I would like to address your question considering the situation you have described as follows:
The business model you proposed is indeed a nice and creative idea, but unfortunately, I see potential issues from a trademark perspective.
In the end, you would be visually altering the branded product. It is not only likely that the particular item, in this case, the pacifier, contains the brand name, but you can also assume that the shape may be protected under design and utility model rights.
If you intend to modify a branded product, you should generally obtain the consent of the relevant trademark owner. The legislator has explicitly clarified this in § 24 para. 2 of the Trademark Act. This is to prevent damage, especially harm to the image of the trademark owner, caused by unauthorized modification and alteration of branded products.
In trademark law, a costly warning letter in case of trademark infringement would be very expensive, so I strongly advise you to seek approval from the trademark owner beforehand.
I would like to point out the following:
The legal advice I provided is based solely on the information you provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive examination of the circumstances.
Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful. Feel free to contact me through the follow-up option on this platform or via my email address for further questions.
I am also available for further legal representation. If you decide to engage my services, I would credit the initial consultation fee from this forum in full.
Have a pleasant Thursday evening!
Sincerely,
Dipl.-jur. Danjel-Philippe Newerla, Attorney at Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax 0471/3088316
