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trade mark ,copyright ,or ip law

Discussion in 'Copyright, Trademark, Patent Law' started by thriftee786, Jul 24, 2010.

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  1. thriftee786

    thriftee786 Law Topic Starter New Member

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    hi i am manufacturing off brand perfumes ,is it okay to write a disclaimer that my design is a version of original brand X or Y or inspired by brand X or Y ,or simply say that my company is in no way connected to the registered trade mark of the original company.Thanks.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Let me ask you this... why would you even mention that your perfume is "inspired" by a famous perfume brand?
     
  3. thriftee786

    thriftee786 Law Topic Starter New Member

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    well the main reason is i am manufacturing 3 diff kind of perfumes ,#1 if my brand with my company name and all #2 i make is a cheaper one which i write different names which in no way connect to originals ,but the # 3 which i am planning is for customers who are already buying from wholesale guys who sell it with things written like inspired by and not connected to originals ,which is in great demand and selling well and my customers demand it but i dont wanna break any law at the same time i dont wanna loose customers ,but i have seen 100 companies writing inspired by or versions of so and so brand
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    What have you seen that is "inspired by" and isn't under a licensing agreement? The question is "why" would you put inspired by? Essentially, the big name company could see your use as an attempt to have people associate a no-name brand of perfume with a famous perfume - would that not be a motive? Would you not consider this as free riding off the trademark of another?
     
  5. thriftee786

    thriftee786 Law Topic Starter New Member

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    thank you once again for the excellent reply ,but i have to ask you then how come there are 1000 companies selling that way with inspired or version written on it and they say it is legal .
     
  6. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Can you give us some examples?

    In addition, there are thousands of people if not millions downloading pirating software...
     
  7. thriftee786

    thriftee786 Law Topic Starter New Member

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    well i can give u a website who sells perfume which has the company name on top and bottom it says inspired by or version of original names qperfumesnet or smartcollection these are just2 i have 100 of them i have researched , i hope you do not report them :) just kidding .
     
  8. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    One company looks like a consultant located in Kuwait. Another doesn't seem to have inspired by notices anywhere. A notice it has is that it is not associated with any company of the products it also sells. They sell their own brands as well as others.
     
  9. thriftee786

    thriftee786 Law Topic Starter New Member

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    maybe you must have got the wrong website let me give you 3 sites i just visited again last night 1) www qperfumes.net @) wwwsmartcollectionsnet#) wwwud2006com 4)airioninc net, and when you visit the site for Qperfumes please select 100ml perfumes colections american design and it will clearly show it printed qperfumes versions of XYZ thank you so much for ur replies awaiting a reply soon God bless also(i have not put in period sign after the company name because this website is kicking it back (dont know why )
     
  10. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Good question... Most of the sites you list do not work. Personally I think their packaging could get them into trouble and I don't know if they have a license, have flown under the radar and not attracted attention or whether the boxes don't resemble the true fragrances and may be affected by the following decision. Note that these are 99 cent type fragrances.

    In L’Oréal v. Bellure, the court held that Bellure's use of lists in its advertising that compared its perfumes' scents to those of well-known L'Oréal perfumes constituted trademark infringement. This widely-reported decision indicates a sea change in European trademark law, which is now recognizing the marketing and monetary effort a company expends when creating and maintaining trademarks.


    The judge felt that the average consumer is smart enough to realize that the smell-alikes are not of the same quality as the fragrances they seek to emulate. Also, he cited that the smell-alikes were marketed towards people who could not afford and therefore would never buy L'Oréal's perfumes. Thus, he believed that the replica perfumes would not hurt the business of the originals.

    This is an excerpt are from here:

    http://www.fashionapparellawblog.co...comparative-advertising-on-odor-of-the-court/

    It's an international decision.
     
  11. thriftee786

    thriftee786 Law Topic Starter New Member

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    all the sites which i gave you are up and running and infact i just spoke to 3 of them as i write to you just to confirm if it is okay to sell those and they said yes ,is there a email address ,where i can send to you the link & i can write the website addresses properly and send you some pictures and links to you ,i really appreciate all your help Thank you very very much & have a blessed day Sir :)
     
  12. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Did they explain why it was OK to sell them?
     

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