Online Marketplace Defeats Trademark Suit Because It’s Not the “Seller”–OSU v. Redbubble

Some Redbubble listings for “urban meyer” Redbubble is an online marketplace for artists. It outsources many of its functions. Its artist-vendors “are automatically connected with a third-party manufacturer to make the goods.” Redbubble also uses third-party services to package/ship goods and process payments. It appears much of this outsourcing is invisible to buyers; allegedly “When an item from is shipped, ‘the Redbubble name and logo does appear on the packaging that products are shipped in; the name on the return address label is ‘An Artist at Redbubble,’ and the return address itself is Redbubble’s.’ Some items are also ‘shipped with a ‘hang tag’ containing the Redbubble logo that is designed to be removed before the garment is worn.'” It appears everyone agrees that artists are selling items that infringe OSU’s trademarks. OSU sued for trademark…

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