Passing Off

Subject: Re: Passing Off

Comments:
: Company A manufacturers a recognized product under a trademark name. They go out of business. They sell their trademark at auction. : Company B manufacturers similar products. Company B did not purchase the trademark. : The key vendor for company A has a supply of ingredients that made the company A product unique and makes it available to others. Company B buys the ingredients from the vendor and with those ingredients begins to manufacture a product that is now exactly the same as the defunct Company A trademaked product under a different name. : Since the ingredients provided by the vendor now make company B's product exactly the same as that which was trademarked,if company B now begins to market the product under a different name as an exact replacement of the trademarked product showing a comparison of exact specifications, is this considered Passing Off? : Are there other intellectual property or trademark issues at play that company B should be aware of?

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