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Can I base my products on real designer products?

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kameranali

Junior Member
Hi, I am currently in the process of starting a new business. However I realize i may have overlooked a small legal issue. My business is based around selling novel oil perfumes. However many of these perfumes are based upon real life designer perfumes (they smell similar/the same). I have also partially branded them in this way, in that the product is described as 'based on ......'. For example, I have a perfume I have named 'Aureate' but have also said that it is 'based upon Paco Rabanne 1 Million'. Does this pose counterfeit or copyright issues? My business is online ecommerce and deals internationally, if this makes a difference.



I hope you can help.



Thanks
 


quincy

Senior Member
Hi, I am currently in the process of starting a new business. However I realize i may have overlooked a small legal issue. My business is based around selling novel oil perfumes. However many of these perfumes are based upon real life designer perfumes (they smell similar/the same). I have also partially branded them in this way, in that the product is described as 'based on ......'. For example, I have a perfume I have named 'Aureate' but have also said that it is 'based upon Paco Rabanne 1 Million'. Does this pose counterfeit or copyright issues? My business is online ecommerce and deals internationally, if this makes a difference.



I hope you can help.



Thanks
What is the name of your state or, if not in the US, what is the name of your country?

Selling internationally only increases the countries that may find your product infringing. You will still be sued under your country's laws so those are the laws that you need to consider first.

You should refrain from comparing your fragrances to other brands, however. This can be seen as trading off the reputation of the brand whose fragrance you are imitating. It can be seen as an unfair business practice, false advertising and trademark infringement (for a few legal actions that could be spawned by your product advertising). You should also avoid having your fragrance bottles or packaging look confusingly similar to the bottles or labeling of competitors. You need to be original. Base your promotions on your own product and not on the products of others and you tend to avoid legal headaches.
 

kameranali

Junior Member
Hi, thanks for the reply. I am currently in the UK.

One of my products, as mentioned above, is an oil fragrance (so significantly different) listed as 'Aureate - based on Paco Rabanne 1 million', but the bottle and branding will be my own (my own bottle and own logo). I can see how this may pose problems, however my main selling point is that these fragrances smell similar to the real thing.

Would it be more realistic to brand the oil perfume as 'Aureate - with similar notes to Paco Rabanne 1 million'?

I ask this as I have seen other websites providing similar products, with branding such as 'perfume comparable to...... *designer fragrance*......'.

If i stated explicitly within my terms and conditions (which buyers would have to select they agree to) that the customer must understand that the fragrances are not the originals but merely a similar scent, would this help my cause?

Thanks
 

quincy

Senior Member
Hi, thanks for the reply. I am currently in the UK.

One of my products, as mentioned above, is an oil fragrance (so significantly different) listed as 'Aureate - based on Paco Rabanne 1 million', but the bottle and branding will be my own (my own bottle and own logo). I can see how this may pose problems, however my main selling point is that these fragrances smell similar to the real thing.

Would it be more realistic to brand the oil perfume as 'Aureate - with similar notes to Paco Rabanne 1 million'?

I ask this as I have seen other websites providing similar products, with branding such as 'perfume comparable to...... *designer fragrance*......'.

If i stated explicitly within my terms and conditions (which buyers would have to select they agree to) that the customer must understand that the fragrances are not the originals but merely a similar scent, would this help my cause?

Thanks
If you are in the UK, those are the laws that you need to concern yourself with as you develop and market your fragrances. We handle US law questions and legal concerns only.

But I can tell you that you should NEVER base what you do on what others are doing. You do not know if the others who are making product claims have been sued or will be sued. Also, disclaimers will not prevent a lawsuit. They can only work to mitigate the damages awarded in a lawsuit filed against you.

What would no doubt "help your cause" is to sit down with an IP professional in the UK for a review of your products, your product packaging and your plans for promoting your products. There are trademark issues and copyright issues and potentially patent issues that need to be reviewed.

As a general rule both in the US and the UK is that you do not use another's rights-protected material without their express written consent - unless you want to risk a costly lawsuit.

Good luck.
 

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