copyright california trademark
selling custom made jacket with other company logo on it, is that legal in CA?
<p>A trader buys an original brand jacket, adds some custom images and texts to the jacket, then sell it online with the original brand logo still on it. Is that legal?</p>
<p>I know that people sell custom print t-shirt online without the original logo though.</p>
<p><a href="https://i.stack.imgur.com/dzdru.jpg" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/dzdru.jpg" alt="custom print on cup" /></a></p>

<p>The <a href="https://en.wikipedia.org/wiki/First-sale_doctrine" rel="nofollow noreferrer">first-sale doctrine</a> says that someone who legally bought a trademarked product is permitted to use the trademark when later reselling that product to a 3rd party.</p>
<p>However, altering the product before reselling it is something different. When a product is altered in a way that there is a &quot;material difference&quot; to the original product, then the first-sale doctrine might no longer apply.</p>
<p>Why is that? Because those alterations might violate warranty. Or poor or inappropriate alterations might impair the quality of a product in a way that it is not clear for the consumers if the problem is with the original product or with the alteration. Which is why, for example, <a href="https://www.govinfo.gov/content/pkg/USCOURTS-ksd-2_07-cv-02440/pdf/USCOURTS-ksd-2_07-cv-02440-1.pdf" rel="nofollow noreferrer">a court in Kansas</a> once ruled that simply removing the serial number of a product is very likely an alteration that breaches the first sale doctrine (I said &quot;very likely&quot; because this is just a preliminary injunction, not an actual ruling).</p>
<p>In case of clothing, the original trademark owner might have a legal argument of inappropriate alterations harming their brand identity. For example, when a modification adds a political or obscene message that doesn't fit with the brand image of the original manufacturer. People seeing someone wear that article of clothing in public with both the slogan and the brand logo might not realize that it is a modification by an intermediate trader and erroneously attribute that statement to the original manufacturer. Will they win in court? Well, a company like VF Corporations can probably afford much better lawyers than the guy with an embroidery machine in their basement who sells on eBay.</p>
<p>For that reason it's usually safer to sell altered products without using the name and logo of the original supplier.</p>

<p>Corporations zealously protect their brands, but North Face (NF) does allow co-branding:</p>
<p><a href="https://www.thenorthface.com/en-us/approach/response-co-branding" rel="nofollow noreferrer">Our Position on Co-Branding</a></p>
<p>I think the important part of that message is:</p>
<blockquote>
<p>Letting another company put its logo on our products and essentially affiliating our brand with theirs isn’t a choice we take lightly, which is why these inquiries are thoughtfully considered with our brand DNA and long-standing outdoor values in mind.</p>
<p><strong>We manage co-branding requests on a case-by-case basis</strong>.</p>
</blockquote>
<p>(emphasis my own)</p>
<p>For instance, I found this one company that co-brands (new) NF apparel:</p>
<p><a href="https://www.logosoftwear.com/custom-made/the-north-face/category.php" rel="nofollow noreferrer">Logo</a>.</p>
<p>At that site, they state what is not approved:</p>
<blockquote>
<p>The North Face prohibits decorations featuring vulgar designs, violence or illegal activity, firearms, tobacco, and pornography. Designs which are political in nature or featuring oil and gas industries are subject to review.</p>
</blockquote>
<p>Reselling used clothing that has already been co-branded happens everyday.</p>
<p>Seems tricky though. If I took my NF jacket and personally put a prohibited logo on it, I'm confident there is nothing they can or will do. I bought it, it's my personal item to deface as I wish. If I were to sell that item - especially online - I would think twice.</p>
<p>But what if I bought the item like that - prohibited logo - with the intent to sell it?</p>
<p>In 2014, my then 12 yo daughter made and sold polymer clay charms on Etsy, one of which was an &quot;M&amp;M Cookie Charm - Mirror On Back&quot;. Mars Corporation sent Etsy a cease and desist mail which they promptly complied with.</p>
<p>As stated previously, Corporations such as NF (VF Corporation) have vast resources and employ large law firms.</p>
