It is not clear from your statement of the facts whether the "trademarked packaging" you were provided is the same packaging that the ammunition manufacturer uses to sell their ammunition with their trademark. Who owns the trademark? The ammunition manufacturer? Your customer? Your customer's customer? Or some other unrelated party? Furthermore, it is not clear whether or not the ammunition manufacturer has trademark rights or not (presumably yes), or whether you are the ammunition manufacturer and you sell it generically for private branding. I will assume for this analysis that the "trademarked packaging" is marked with "Private Brand X" and the ammunition is actually manufactured and sourced from "Federal Brand". This presents at least two issues. First, Federal is going to have a trademark infringement action against anyone repackaging their ammunition and selling under some other brand name, e.g. Private Brand X, unless they have a license from Federal to do so. The second issue arises from a change in the factual scenario. Assuming that the ammunition is actually generic and not branded (*i.e.*, you are the ammunition manufacturer and you private brand your ammunition) and that your customer's customer owns the trademark on the trademarked packaging that was provided to you by your customer (highly likely), then your customer's customer may have a trademark infringement action against you. Furthermore, as you note there are UCC remedies, one or more contracts that have been breached and multiple parties involved in a possible dispute. So, you would be well advised to seek the advice of counsel before trying to minimize your losses.
Answered on Oct 21st, 2013 at 10:57 AM