Am I liable for copyright infringement?

Not exactly, because last time I checked, Coca-Cola does not make lamps from Coke bottles.

You could be in trouble for using the NAME to promote the item (such as Coca-Cola Lamp) because they do make Coca Cola lamps. They just don't make then from old Coke bottles.

You COULD say "Vintage Lamp Made From Old Coke Bottles", if it IS an old lamp, but unless it is a vintage lamp MADE by Coca-Cola, you cannot say, "Vintage Coca-Cola Lamp", because unless Coca-cola made it, it IS NOT a vintage Coca-Cola lamp.

I can also sell an old Coke bottle, and use their name. Why? Because they already profited from the sale, and I am selling an original item, that I bought, and I own. Now, if I alter it, and don't say it is altered, there could be issues, because it could confuse people.

Now, if you make a new item out of new Coca-Cola bottles, you can say "Soda Bottle Lamp", but here is where it gets sticky. If you call it a "Coca-Cola Bottle Lamp", the question that the court would ask is this: Would a reasonable person think that this item was a product made by Coca-Cola? As Coca-Cola does make lamps, it could be argued that this could confuse people.

Let's say your Coca-Cola lamp explodes and kills fifty people. Do you think that might damage the Coke brand? If you call it a Coca-Cola lamp, Coca-Cola will get sued.

Also, if Coke goes to court, and wants to stop someone from using their name on something (look up Hello Kitty AK-47) the judge would look at what Coke did to defend the misuse of their name. If they don't defend the misuse of their brands, they could also lose the rights to their name. Happened with aspirin, and tons of others.

And that, unfortunately. Is why it's not a yes or no question.

If you use Coca-Cola all over your tags, and say Coca-Cola lamp, and act like it is from Coke, then there could be an issue. If you Clearly state that this is an art piece, and the items are actually altered, and disclaim any relation to Coke, then you might be ok. However, if Coke got nasty, they could sue. Is it worth it?

This is a VERY simplistic example. It is a complicated subject. The best thing to do is call the legal department and ask. There have been cases where items actually became licensed products, and the creator made a lot of money.

As Etsy goes forward to the IPO, expect them to get more serious about infringement.

Personally, I refuse to buy from any shop that has infringing items. I'm not alone. Your shop is young, you have talent. Don't ruin it. Either contact the company or find something else to be inspired by.

IANAL. This is not legal advice.

/r/EtsySellers Thread