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I posted these two questions on your sister site and it was suggested that I post them here. Thank you if you can assist.

Is it illegal to basically copy another company's product label but simply changing the name of the product a little? Basically the new label would look identical to the other established company's product label.

In the product description in the new catalog, can you use the same description word for word (except for the product name which would have the new name used in the product description) as the other established product?

There would be multiple products and labels used which are basically copying the older company's products. The older company is well established and is a large company that might not notice these products being used by a smaller company. But if they do discover it, are there potential or actual liability issues to the new company for using basically the same labeling, almost the same product name, and exact same wording in describing it's product, as would be found on the larger company's corporate website for each of their products that they are currently selling?

Thank you.

I checked a govt trademark site and the company whose products are being copied and only one of the products being copied has a current trademark listed as live, the others are dead. Does this make a difference? What I don't know is if the company being copied possibly originally copied aerosols themselves, but I seriously doubt it since they have been selling and, I think, manufacturing the aerosols. Just the fact that one product is being copied is a clear violation, and I was assuming that the reckless copying of the other products labels and word for word product descriptions is illegal.

  • Trade dress protects packaging, not trademarks – aidanh010 Oct 4 '16 at 15:33

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