Legal Question in Business Law in California
Copyright question
Is is legal to market and sell products that have similar ingredients and name to the original product. An example would be to use similar ingredients(but not identical)to Crest toothpaste and call the product "Krest" or "Common Crest". Is this legal? Can you point me in the direction of similar cases?
2 Answers from Attorneys
Re: Copyright question
It is a Trademark issue, not Copyright. You can be sued for violation of a trademark if your use is likely to cause confusion in the marketplace.
Ken Koury
Kenneth P. Koury, Esq.
5807 Topanga Cyn Blvd., Suite G-201
Re: Copyright question
It may be legal, or not, depending upon many factors.
If you use a name that is designed to capitalize upon a trademark, you
are probably infringing the trademark.
If you simply use ingredients for a food or drug, it may be quite legal. However
if the product has been patented, you may be infringing a patent. If you acquired knowledge
of the ingredients or method of making the product by improperly obtaining a trade secret, you
may be liable to the owner of the trade secret.
If your product is made to resemble, in looks, a product with a distinctive look, you may violate
the "trade dress" of the that product (the look may also be trademarked or perhaps copywritten).
You should consult an intellectual property attorney with your specific idea.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
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