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I am manufacturing off brand perfumes

Lewisville, TX |

i am manufacturing off brand perfumes and wanted to know is it okay to put on the bottle and box a disclaimer that my perfume is in no way connected to the original perfume or company,or is it okay to say that my perfume is inspired by or version of BRAND X or Y perfume.

Attorney Answers 4


  1. See http://www.avvo.com/legal-answers/i-am-starting-a-new-busines-in-perfumes-and-wanted-302476.html .

    Whenever someone re-asks a question after getting one or more substantive answers that is, to me, a sure sign that the person doesn't give a hoot about the law and is so self-absorbed that they will do whatever they want to do anyway. I, for one, will never represent such a person because they're far more trouble than they're worth.


  2. Please see this similar Q&A:

    http://www.avvo.com/legal-answers/i-am-starting-a-new-busines-in-perfumes-and-wanted-302476.html

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.


  3. The touchtone here is whether the name of the perfume that you are offering for sale contains a name or logo that is confusingly similar to a trademark such as to cause a likelihood of confusion in the relevant market.

    A disclaimer is not enough to protect you here. You cannot call yourself CHANEL or HUGO BOSS, and then on the back of the bottle say . . . we are not affiliated. If the potential purchaser would believe the goods are affiliated, sponsored, or endorsed by the well known mark it is infringement - and likely constitutes countfeiting.

    I always tell people this is a "gut check" test - if you are in any way trying to tread off of a well known brand - then you are probably headed in the wrong direction.


  4. I respectfully disagree with Attorney Thornburg.

    The question presented does not raise the issue whether the two product names are similar [a trademark infringement analysis], the issue is whether Product B can lawfully advertise that it is "inspired by or [a] version of" Product B. This is a false advertising analysis. The two are wholly different animals.