Forums: Discussions for entrepreneurs and small business.

We have a blockbuster idea for repackaging a well-known brand candy product in a unique way, and have devised a very fun, high-profile promotion to launch it. We already are retailers of this product and can repackage it for resale, so that`s no problem.

What we`d love to do is put this together and have the major brand buy it from us. Or, at the very least, not take our idea, and entangle us in legal problems.

We are prepared to produce the package, package the product and run the promotion. People would need to know what candy is in the package, so we want to include the name of the candy in the product description - Not in the product name. The brand name would also be used in the promotional materials.  We anticipate high sales from this. (Yes, I know, everyone should be this optimistic.)

We plan to get a design patent on the packaging, although that isn`t much protection, since anyone can modify the package and sell against us. How do we go about protecting ourselves and positioning this product so that we have a chance to sell it to the major brand?

 

It`s important to use the name of the candy that would fill the packaging, and want to make sure we don`t infringe on the brand`s trademarks by doing so. (Again - not including it in the product name, that would be an infringement.) At the same time, we hope the manufacturer will understand how valuable this new packaging and promotion can be to them. And, finally, we want to position ourselves so that they won`t take our product and run with it themselves.

 

Where do I go from here?

Hi Barbara,

 

I also have an idea to repackage several brand name candies but I`ve been told that I should expect legal issues to arise with the brand name companies if I do this.  I intended to include a note on the containers to inform consumers what they contain, brand name and all.  I have gotten conflicting advice from two different IP attorneys about this.  I tried clicking on the link above but the page can`t be found.  Can you tell me what you learned about this?

 

Thanks,

 

Teresa