this is a copyright question?

Question

i would like to know if making something from a cardboard carton
(like a 12 pack of pepsi or something like that) and then selling the finished product over the internet or at retail locations would be a violation of copyright laws. by the way the company's logo/insignia would be visible because that would be what would sell the product

thank you to the people who want to help. but i am really not looking for speculation or personal opinions for this question i can do those myself all i really need is the fact whether it be yes or no and the reason behind the answer.

Answer 1

In a nutshell, you can not use another company's logo to sell your own product. By doing so, you are implying that they have approved or endorsed your product----even if you have a disclaimer that they haven't.

The definition of copyright infringement is using someone else's copyrighted/trademarked items for your own gain.

It is the last sentence of your question that really makes it an issue. When you say that the logo would be visible because that would be what would sell the product, it makes it clear that your sales will come from using another company's logo. You might get away with it for a while but some companies defend their copyrights very vigorously. I read a story once where Disney sued a daycare center for trademark infringement because they had hand painted some Disney characters on the walls, If you are wanting to sell your items online, it probably won't be too long before the trademark owner finds out.

Answer 2

You could face some problems - not copyright, but trademark infringement (related, but different laws). Using your example, if you make some sort of product using the Pepsi trademark (the little globe thing they put on everything) and you sell it, Pepsi can argue that you are violating their trademark and using it to create a profit for yourself. They can easily get an injunction to prevent you from further using their trademark and under the right circumstances can collect damages from you.

Answer 3

This is a trademark question, not a copyright question. Answer is yes. You would be in violation if you do not receive prior written consent of the holder.

Answer 4

In essence, you're wanting to re-create & re-form another company's trademarks. I'd strongly suggest contacting a trademark attorney and/or licensing agent prior to doing so. Companies take their trademarks very seriously so it's best to go through the proper channels before doing something like this.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 5

I'm not an expert on the subject or anything but that sounds like a copyright violation to me