Full question:
I live in Missouri. I purchased pasta from a manufacturer in another state. I could not afford private labeling. Can I relabel and bar code the product myself?
- Category: Licenses
- Date:
- State: Missouri
Answer:
The answer will depend on the content of the label. Infringement of a trademark, trade name, or trade dress involves use of one by the infringer that is the same as that of the owner or so similar that it is likely to deceive or to cause confusion or mistake on the part of the average purchaser. A label that is confusing to a consumer about the origin of the product may infringe a copyright. If the labeled product is inferior to another’s trademarked product, it may be deemed to dilute the trademark.
A licensing agreement is a legal contract between two parties, known as the licensor and the licensee. In a typical licensing agreement, the licensor grants the licensee the right to produce and sell goods, apply a brand name or trademark, or use patented technology owned by the licensor. In exchange, the licensee usually submits to a series of conditions regarding the use of the licensor's property and agrees to make payments known as royalties.
http://www.fda.gov/Food/LabelingNutrition/default.htm
http://www.fda.gov/Food/LabelingNutrition/LabelClaims/ucm111447.htm
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
