Laucnhing a product designed for another product

[Adam24]

Jurisdiction

Illinois

Hello,
I do not want to disclose my actual product idea, so the questions below are built for a similar popularity product.

I want to launch a product to the market that is for the Instant Pot Pressure Cooker: Instant Pot - America's #1 pressure cooker, multicooker
The product is a cooking tray that goes into the instant pot.

Here are my questions:
1. When naming my product, can I legally play off the Instant Pot name? Examples: InstantTray, Instant TrayPot, Instant PotTray?

2. In my product descriptions and titles online, can I use the trade marked name in phrases such as "Great for the for the Instant Pot", or "perfect addition to the instant pot", or "cooking tray for Instant Pot"?

3. Can I legally get the parts to build the tray from a few different manufacturers and piece a kit together that I sell as my own? Do I have to disclose all the companies in which I got all the parts from when advertising and marketing?

4. I don't want instant pot, or anyone else to build a tray like this. I've never filed for a patent, but do I have any leverage in claiming that my product is specifically for the pressure cookers therefore preventing others from advertising and marketing for it?

 

[Zigner]

If you include the product name (or a variation thereof), then you should likely get permission.

 

[Tax Counsel]

Hello,
I do not want to disclose my actual product idea, so the questions below are built for a similar popularity product.

1. The exact names you'd use and the particular trademark at issue matter, and since your example is not the real one no one here can say if the manufacturer could successfully sue for it. But you'd certainly be inviting a trademark infringement suit, and if if sued you need to defend. And win or lose, that defense can be expensive. Before you do this, you really need to consult a trademark lawyer.

2. The answer to this is similar to #1. It is possible to advertise that your product is meant to be used for that other product and use that other product's name if done correctly. Again, for that you'll want to see a trademark lawyer to be sure you in fact do it right.

3. Yes. Lots of products are made with parts bought from other firms. And unless your product is one that state or federal law requires disclosing each part used in the product you don't have to do that. After all, you don't see computer, cell phones, cars, etc. products advertised listing each part inside the product.

4. Unless you have a patent on the product anyone else may produce and sell exactly the same thing you are selling, just using a different name, of course, so as not to violate your trademark. So if you want some protection against others making your product, get a patent. See a patent lawyer for that. It won't be exactly cheap to do it, but can be invaluable for protecting your product if it becomes hugely successful.