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?


Asked on 4/12/99, 1:43 am

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

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


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Answered on 4/13/99, 10:14 am
Jed Somit Jed Somit, Attorney at Law

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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Answered on 4/13/99, 1:00 pm


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