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“There are several interesting questions here, but the one I will mention is 'reverse palming off." Regular "palming off" sells inferior goods under a famous trademark; it's counterfeiting and easy to appreciate.“ (John Warwick Caldwell 2011)
"Reverse palming off" sells genuine goods of high quality under the trademark of another. That other trademark acquires cachet because of the quality of the goods sold ... that that trademark holder did not make or have made himself.” John Warwick Caldwell 2011
“This is really tricky and the lay of the law is inconsistent. One thing you CAN do is to buy the goods with a contract specifying that you will resell in smaller containers or same containers with your own mark.” John Warwick Caldwell 2011
Happens all the time and there are benefits to both parties. High end manufacturer gets access to a low price market without injuring his high end appeal, e.g.
Get contractual permission and you are fine, of course. If not, then plan with an experienced attorney. JWC 2011
Get contractual permission and you are fine, of course. If not, then plan with an experienced attorney. JWC 2011
One of the answers to yesterday’s questions and outrage. People calling for collaboration weren’t wrong and also people calling for the rebranding person to stop weren’t wrong either.
https://www.avvo.com/legal-answers/is-it-legal-to-buy-a-bulk-product--repackage-into--573450.html You can read some interesting takes by intellectual property lawyers here;
