Adding a Prayer Sticker to Candy Bar for Resale

[BobWhere]

What is the name of your state? California
Does Adding a Prayer Sticker to Candy Bars for Resale infringe under trademark or other Intellectual property laws?

The sticker will be added to the bar in a completely unobtrusive spot which does not cover or obscure any manufacturer logo, ingredient or printed information.
The sticker will merely contain the following:
1) Our Organization logo and trade name with TM.
2) BLESSINGS of SPIRIT introduced thru Sound, Motion & Prayer. Immediately consume entire bar upon first opening.
3) Best Before: Oct 21, 2022 (a date earlier than the original manufacturer expiration date which will still be clearly visible upon the bar)
4) Organization Name, Mailing Address & Contact Email Address

No claims of physical change or modification, and no other information other than that contained on the sticker itself, would be provided in any marketing or sales information or literature.

Product is intended to be provided thru charitable or church organizations, distributed without charge to final recipients.

 

[adjusterjack]

Does Adding a Prayer Sticker to Candy Bars for Resale infringe under trademark or other Intellectual property laws?

My gut says yes.

However, trademark law is complicated, and you should have an appropriate attorney advise on the issue.

 

[quincy]

What is the name of your state? California
Does Adding a Prayer Sticker to Candy Bars for Resale infringe under trademark or other Intellectual property laws?

The sticker will be added to the bar in a completely unobtrusive spot which does not cover or obscure any manufacturer logo, ingredient or printed information.
The sticker will merely contain the following:
1) Our Organization logo and trade name with TM.
2) BLESSINGS of SPIRIT introduced thru Sound, Motion & Prayer. Immediately consume entire bar upon first opening.
3) Best Before: Oct 21, 2022 (a date earlier than the original manufacturer expiration date which will still be clearly visible upon the bar)
4) Organization Name, Mailing Address & Contact Email Address

No claims of physical change or modification, and no other information other than that contained on the sticker itself, would be provided in any marketing or sales information or literature.

Product is intended to be provided thru charitable or church organizations, distributed without charge to final recipients.

If you legally purchase the candy bars and do not modify the logo or name (the trademarks) or alter the content of the candy bars or required notice of ingredients, you probably would avoid any trademark infringement claim - however it is possible you could be sued by the trademark holder for reasons other than infringement (like false designation of origin or dilution or tarnishment of the mark).

It is best to have your proposed use personally reviewed by an IP attorney in your area.

 

[Taxing Matters]

What is the name of your state? California
Does Adding a Prayer Sticker to Candy Bars for Resale infringe under trademark or other Intellectual property laws?

Done right, it probably would survive a trademark infringement claim, but altering the packaging in that manner may raise other legal problems for you. In addition to those things quincy mentioned, having phrases like "best before [date]" and "immediately consume entire bar upon opening" raise the risk of being considered false or misleading information. I strongly agree with quincy's recommendation that you get this reviewed by an IP attorney, preferably one with experience (or who practices in a firm with someone who has experience) on false/misleading claims under federal and state laws as well.

 

[zddoodah]

Are you saying that, for example, you're buying a box of Snickers bar and are applying stickers to the wrappers (not to the bars themselves) that have some sort of religious message and then selling the bars? If so, no, that would not violate trademark or any other IP law.

Immediately consume entire bar upon first opening.

Why on Earth would you state that?

Best Before: Oct 21, 2022 (a date earlier than the original manufacturer expiration date which will still be clearly visible upon the bar)

Again, why would you do that?

 

[quincy]

Here is a link to an older thread that goes over some of what needs to be considered when reselling legally-purchased goods:

https://forum.freeadvice.com/threads/selling-reconstructed-hockey-jerseys-is-this-legal.506442/

The situation that brought the previous poster to this forum are quite different but the same trademark laws apply.

Whenever you intend to use for your own purposes someone else’s rights-protected material, you are smart to have your proposed use personally reviewed by someone well-versed in IP laws. The charitable or church organizations will appreciate it more if the distribution of these gifts are not followed by a lawsuit.

 

[not2cleverRed]

How is this different from using candy bars with personalized sleeves as wedding favors?

 

[quincy]

How is this different from using candy bars with personalized sleeves as wedding favors?

A sleeve would be preferable. Or simply sticking a candy bar in a bag with the desired message printed on the bag would be good. It is when the packaging or trademarks are altered in any way that you run into problems. Buying candy bars and giving them away is fine.

 

[Taxing Matters]

How is this different from using candy bars with personalized sleeves as wedding favors?

The difference is that you are not altering the product or product packaging by doing that. You are simply putting it in another container, not much different than sticking it in a bag, as quincy mentioned, or wrapping it in gift wrap. Doing those things won't alter the product or packaging, and do not run the risk of misleading others who may think the manufacturer or distributor put the message there as you would with stickers put directly on the product/package.

 

[quincy]

The advantage to sticking the candy bars in a bag or a sleeve is you avoid the cost of having to have an attorney review your use.

 

[aldaron]

The advantage to sticking the candy bars in a bag or a sleeve is you avoid the cost of having to have an attorney review your use.

Yea, what he said! Next time I need an attorney he's it.

 

[quincy]

Yea, what he said! Next time I need an attorney he's it.

Haha. You mean you want an attorney who tells you why you don’t need an attorney.