Legal Question in Business Law in Georgia

I have sold fragrances for a company for years that sell rendition perfume in the street b2b. It's good quality knock offs that they make. It has their own name on it and own patent etc. However we sell them verbally by the name on the box and bottle then say it's new by a big designer which isn't on the box and bottle keeping it legal. It works and no complaints. It's nation wide and I have been selling it the same way at the flea market now for 5 months and no issues. There is nothing illegal cuz the image logo and name are copywritten. It doesnt copy the name and logo exact. The company that originall started this has been doing it for over 20 years they have no logo just a nice box and bottle with their private line on the box/bottle it is a smell copy and they put a small sticker on the box saying polo sport promotional tester and have been selling it as original in a special promotional tester. they have a lot of offices nation wide and they have been having sales reps sell it 7 days a week business to business for 20 years, id think if it was illegal it would have been busted by now. If it was so wrong or any legal risk at all the company wouldnt re make millions of bottles each year. and the company i order from doesnt care they said how i sales pitch. reply asap thanks.


Asked on 4/16/12, 6:57 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

First the non-legal comment:

"According to a report by ABC news, fake perfumes may contain dangerous chemicals such as antifreeze and such unappetizing ingredients as urine. Yes, urine. It seems manufacturers use it as a stabilizer to keep the pH in balance. Furthermore, if you plate fake fragrances out on a Petri dish, chances are some of them will grow bacteria. Not surprisingly, a number of consumers who use these low-quality fake perfumes report skin irritation and rashes that may require a visit to a dermatologist to treat. There goes the savings on that knock-off perfume! Who knows what damage long-term exposure to chemicals in these fragrances will cause? " http://voices.yahoo.com/the-littleknown-dangers-knockoff-7776764.html

For a discussion where a smell-alike perfume lost a court battle see http://www.fashionapparellawblog.com/2010/06/articles/fashion-cases/smells-like-trademark-protection-copycat-perfumes-cannot-engage-in-comparative-advertising-on-odor-of-the-court/

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Answered on 4/16/12, 7:10 pm


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