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Hi, I see a product for sale. it is a is a rice washing bowl with straining holes on the bottom and side , it has some off brand company name on it , I can not seem to find the company name on the internet, I did a search on trademarkia.com and the company name is not trademarked. can I manufacture the same item and put the same company name on it? here is a link to the bowl http://tinyurl.com/lyleefm thank you very much for your time and help
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
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Hayes Soloway P.C.
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The fact the trademark is not registered simply means you would not be liable for Federal trademark infringement. You would likely be liable for 'passing off' and/or other unfair competition laws, which are primarily rooted in state laws because what you propose would make consumers of the brand think you are the same entity as the brand owner.
Answered on Mar 04th, 2014 at 10:20 AM