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Author Topic: Candy Bouquet  (Read 454 times)

Jenn

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Candy Bouquet
« on: 10-16-11 at 01:31 pm »

So I am just looking into starting a business... first of all I wanted to know what the laws are about using theme products in candy bouquets? Such as a team, cartoon character etc. If I am purchasing the products and putting them into arrangements I am making then selling them is this not aloud? I am looking just to stay local and home based business.
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JSonnabend

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Re: Candy Bouquet
« Reply #1 on: 10-18-11 at 05:00 am »

That question is actually very difficult to answer succinctly.  The law on when one can use genuine branded merchandise to create and sell new products is full of grays. 

For example, one individual has purchased branded (i.e., having protected logos) fabrics and made and sold products using them.  When the trademark owners came after her, she stood up to them and won.  You can google "tabberone" to find more about her.

On the other hand, a party in California (if I recall correctly) was successfully sued by an automobile manufacturer for using genuine branded articles (car logo medallions, I believe) on license plate frames he was making and selling.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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