Legal Question in Business Law in Illinois

Company Placed Our Name On Trademarked Product

From 2002 thru 2003 a company out of state shipped a product for us as 'private label' and that product has a stamp with our name on it, but later I discovered the product was actually manufactured by Philips Lighting and their name/logo (which is trademarked) was removed from the item, with our name put on it. Consumers were led to believe the product was not made by Philips, but by us. I believe this is illegal, correct? I'm seeking information on my options. My company is an Illinois corporation. The items were lamps, approximately 200 of them were shipped, to various U.S. states and some overseas. The lamps were shipped as part of a lighting product which the out of state company did manufacture as private label, but the lamps were not theirs.


Asked on 7/06/04, 11:41 am

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: Company Placed Our Name On Trademarked Product

Hello. At first glance, in my opinion, you have

a case! The actions of the other company amount

to a material misrepresentation which exposes you

to liability, if something goes wrong with the

product and someone is injured. Since the other

company is from out of state, the matter will probably be best suited for federal court. I would be happy to answer any additional questions that you might want addressed!

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Answered on 7/07/04, 12:50 am


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