Legal Question in Real Estate Law in California

if i use old liqour bottles, or one of the same liqour bottles to make lamps, would this be legal if i sell it commercially or advertise it


Asked on 1/22/11, 12:50 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re-use of a salvaged bottle that has an identifiable trade or brand-name association with it - like a Coca-Cola bottle - would be a trademark infringement. Avoid bottles of a characteristic shape or a brand name stamped into it. Re-use of generic bottles should be OK. I once advised a Junior Achievement company that made lamps from old whisky bottles - however, the company had discontinued the product line and was selling empty, never-used bottles for precisely this purpose (re-use into hobby or small-business products). I have also run a winery that bought recycled bottles for re-filling - OK so long as no wine brand name is stamped into or etched, etc. on the glass. Avoid re-using anything bearing an obvious brand name or identification.

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Answered on 1/27/11, 2:28 pm


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