trademark
Are there case law examples where a reseller was forbidden to publish the name of the item being resold?
<p>Are there case law examples where a reseller was forbidden to publish the name of the item being resold?</p>

<p>For example suppose a computer reseller acquires a used computer made by HALCO, model HAL-9001 (fake brand and model).</p>

<p>Can HALCO stop the reseller from publishing the brand and model, perhaps in an ad, on their website, or on a piece of paper taped to the unit, as both are trademarked? (There are no authorized HALCO resellers.)</p>

<p><a href="/questions/tagged/united-states" class="post-tag" title="show questions tagged &#39;united-states&#39;" rel="tag">united-states</a></p>

<p>If the computer is in fact a HAL-9001 (no doubt running the Clarke-68 OS) then the reseller can so describe it without trademark infringement. This is a case of <em>nominative use</em>, where the trademark is used as the <em>name</em> of the thing, to describe and/or refer to it. </p>

<p>In addition, under US law, an attempt to prohibit the reseller from using that term would run into first amendment issues, and would be subject to <em>strict scrutiny</em>. </p>

<p>If the term were used in such a way as to disparage the brand, there could possibly be an action for tarnishment of the trademark. but such actions are now limited in the US on first amendment grounds, following the case of <em>Matal v. Tam</em>. See <a href="https://law.stackexchange.com/questions/39072/what-is-trademark-tarnishment-or-dilution-under-us-law">What is trademark tarnishment or dilution under US law?</a> for more details.</p>

<p>Not that I know of because there’s nothing wrong with doing that. The trademark identifies a product and can be used by anyone for that purpose.</p>

<p>What you can’t do is use it in a way that causes confusion that your product is the trademarked product when it isn’t.</p>
