If you buy a light from Fred Bloggs Co. then take all their labels off, put it in a different box, sell it onto a customer as your companys (Jim Bloggs Co.). Is this fraud? Or once you've paid for the goods you can do what you like with them?
2007-01-29 08:34:15 · 13 answers · asked by Anonymous in Business & Finance ➔ Small Business
It's not me who's doing this but a friends boss makes him do it and he is worried that he will get into trouble.
2007-01-30 07:29:07 · update #1
Yes it's illegal. It's called 'passing off'.
2007-01-29 08:37:35 · answer #1 · answered by KB 5 · 1⤊ 0⤋
Basically, as long as Fred Bloggs doesn't mind it, it's not illegal. If they do, they can ask Jim Bloggs to stop relabeling their products or ask a court to issue a cease and desist order. If Fred Bloggs can prove that Jim Bloggs caused them damages, they may be able to collect those damages.
In practice, there is also a legal form of this, called "private labeling". Jim Bloggs Co. approaches Fred Bloggs Co. and asks them to manufacture one or more of Fred Bloggs products under Jim Bloggs label. Most of the real-life Jim Bloggses are retailers that have brand-name manufacturers produce goods for sale under store brands... LG's first sales in the U.S., for example, were to Sears, for whom they manufactured household appliances to be sold under Sears label...
2007-01-29 08:49:29 · answer #2 · answered by NC 7 · 0⤊ 0⤋
Trademark infringement is a violation of the exclusive rights attaching to a registered trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the license). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a registered trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a registered trademark may commence legal proceedings against a party which infringes its registration.
A trademark which is not registered cannot be "infringed" as such, and the trademark owner cannot bring infringement proceedings. Instead, the owner may be able to commence proceedings under the common law for passing off or misrepresentation, or under legislation which prohibits unfair business practices. In some jurisdictions, infringement of trade dress may also be actionable.
Where the respective marks or products or services are not identical, similarity will generally be assessed by reference to whether there is a likelihood of confusion that consumers will believe the products or services originated from the trademark owner. If the respective marks and products or services are entirely dissimilar, trademark infringement may still be established if the registered mark is well known pursuant to the Paris Convention. In the United States, a cause of action for use of a mark for such dissimilar services is called trademark dilution.
In some jurisdictions a party other than the owner (eg. a licensee) may be able to pursue trademark infringement proceedings against an infringer if the owner fails to do so.
The party accused of infringement may be able to defeat infringement proceedings if it can establish a valid exception (e.g. comparative advertising) or defence (e.g. laches) to infringement, or attack and cancel the underlying registration (eg. for non-use) upon which the proceedings are based.
2007-01-29 08:44:47 · answer #3 · answered by Brite Tiger 6 · 1⤊ 0⤋
It's not always illegal, just as long as you're not selling them to mislead your customers that the products came from someone else's company, or is better than claimed.
The case I know of is a company that makes O.E. fuel filters for Toyota. The filters bought from Toyota dealers has the iconic Toyota logo on them, but the exact same filters are available from motor factors but with a sticker over the logo. This allows them to sell them as "pattern" parts without breaching copyrights.
Also, Tesco do it all the time. They don't produce everything with their name on it, they commission items and occasionally repackage some.
2007-01-29 08:46:10 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes it is illegal to alter and re label goods - under the sale of goods act, and the labelling regulations. SO DONT DO IT
2007-01-29 08:44:33 · answer #5 · answered by Gavi Di Gavi 2 · 0⤊ 0⤋
Further to earlier answers, it is not illegal to include the purchased product as part of another product that is sold under your label or trademark
2007-01-30 02:54:53 · answer #6 · answered by Black Knight 2 · 0⤊ 0⤋
Yes it's very very illegal and the real manufacturer may sue the a r s e of you
2007-01-29 08:45:29 · answer #7 · answered by Anonymous · 0⤊ 0⤋
yes it is. You have bought the item but you do not have right to alter it for selling purpose.
It might not consider fraud but I am sure company may sue you for copyright.
2007-01-29 08:40:21 · answer #8 · answered by Ted 4 · 1⤊ 0⤋
yes, it is very illegal, and you can go to prison for a minimum of 5 years for it.
2007-01-29 08:45:45 · answer #9 · answered by whynothugsomeone 3 · 0⤊ 0⤋
1st part answer YES
2nd part answer NO
What ya thinkin' of re-cycling then???
2007-01-29 08:43:20 · answer #10 · answered by Alf B 3 · 0⤊ 0⤋