I have a question about aftermarket parts for cars. I am going to sell aftermarket car parts, all of them are generic, I am not going to buy any fake products or anything, just wondering, if for example I am going to sell BMW compatible key, and I will list it as compatible for, which will have no BMW logo or anyting, is that going to be fine? I mean these are plastic fobs that you can get at any locksmith really.
I know that if I would use logos such as Audi, BMW, etc that would get me into trouble, but how about plain ones? Like one in picture:
That will be OK. You can describe the parts as being suitable for or compatible with a particular brand as long as you don't imply that the parts are genuine parts produced by the particular manufacturer. You can use the maker's logo in very specific instances where it is necessary for the appearance of the replacement part to match that of the original part, so for instance a bonnet badge, or wheel trims. I don't think that a key fob 'needs' to look the same as the original and so it would be best to not include the car manufacturer's logo.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
As well as the Trade Mark considerations, make sure you have permission from the Copyright Holder to use any images such as the above. Be especially careful If you are importing from a country where copyright is not widely respected. If they say you can use the image and it turns out they are not the copyright holder, it will leave you liable. Best bet is shoot your own images of your own stock.
