Legal Question in Business Law in Illinois

i am trying to create a brand of products to be sold in the usa, for example one of my products would be wine corkscrews. i am getting the products from china and am wondering if by putting my brand/logo on the product even if the same product is sold in the us market is legal?


Asked on 12/07/12, 7:29 am

1 Answer from Attorneys

If the product is patented and/or copyrighted (internationally or here) and the manufacturer finds you are claiming the product as yours, they could stop supplying you AND sue for infringement. But, if all you are doing is creating a company that has third party products such as this corkscrew, you can advertise your company but need to be mindful of the manufacturer's proprietary rights. Alternatively, you can ask the manufacturer if you can obtain a license from them to "relabel" their product with a brand name of your own, but this could take time, be denied, or cost more money. And then if the item is defective, you are on the hook because you are then claiming it is yours, whereas if it is a third party product you can often shift warranty and related liability issues back to the manufacturer.

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Answered on 12/07/12, 10:37 am


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