Doesn't matter if you use the logo. Doesn't even matter if you refrain from saying the items are "as seen on tv".
If that trademark is still legally valid, and those people still have an interest, your listing is still actionable (that's a legal term). Which is not good for you.
Probably best if I pull another analogy out of my ass, to set the stage for you.
Let us make some imaginary substitutions and play out a scenario. I will play the role of "as seen on vt". You will play the role of the guy that runs a party store. For a product, let's use wedgee.
Ok, so I trademark "as seen on vt", the guy that gives the wedgees decides to franchise in under me, and here you come along trying to pass out his wedgees without my permission in your party store. I show up, I huff, and I puff, and I blow your hizzy down.
Why?
Because the guy that makes wedgees calls all the shots. The day he made the deal to franchise with me "as seen on vt", he gives me the right to call all the shots and look out for his interest because he's good at making them but I'm good at huffing and puffing. And you aren't allowed to play with his ball, especially in your playground, unless you get my OK in advance. If I don't say give somebody a wedgee, you must keep your hands out of his pockets. Even if you never say it was "as seen on vt" and even if you never scream wedgee. Too bad for you. That's how the law works. It's it and that's that.
Did that help you understand any better? Or would you prefer that I stuff it back up from where I got it?
Last edited by Vicvelcro; 06-30-2009 at 11:19 PM.
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