How do you repackage animal food with your own label and not have to worry about reverse passing off?

Asked almost 2 years ago - Sacramento, CA

What I was looking to do is purchase dry dog food in bulk and repackage it with my label. But going through a few previous posts this may be considered “reverse passing off”. So is there a way around that? Let say placing on the package manufactured by company X and packaged by my company, would that be a way to work around that? If not, please throw me some ideas, but I do need my label on the package as the primary label.
This is for a small nonprofit company

Attorney answers (2)

  1. Gary Stephen Brown

    Contributor Level 10

    Answered . Possibly animal food regulations aside, you are dealing with principals of ordinary commerce. You don't get to pass off something as yours. You can ask permission and probably will have to pay for the rights. You have not explained how you pay for the bulk product or whether you charge for the repackaged product. Neither matter regarding the passing off issue. You should contact a lawyer for advice based upon all of the facts.

    The advice provided is in good faith but not a guaranty of accuracy under all circumstances.
  2. Laura Mcfarland-Taylor

    Contributor Level 20

    Answered . Not unless you get a license from the company to do so. Being a non-profit is irrelevant.

    If we do not have a signed fee agreement I am not your attorney and this is not legal advice.

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