Q: Can I use portions from a beer bottle label to create products to sell, or is this in violation of trademark law?
I wouldn't be using the entire paper label from a used beer bottle that has been discarded. Portions of a trademarked logo or word maybe visible on some pieces but not others. It is all based on what I can and cannot use from the beer bottle paper label that is not damaged. I am unable to find a definite answer on selling products made from beer bottle paper labels, since they are discarded and not in their original form. I believe this would be considered upcycling a now unusable item since it has been thrown away.
A: Your question touches on several intellectual property issues, most notably trademark and copyright. Whoever owns the copyright rights in the label's design does not loose them simply because the bottle it was attached to has been discarded or the label ripped. Similarly, if the portion of the label that you reuse is still identifiable as belonging to another company's trademark, that other company could claim infringement for a number of reasons under trademark law, i.e., false designation, use without permission, tarnishment. It would be wise to consult with an attorney in your area familiar with IP and marketing techniques and to examine why you want to use someone else's labels to promote your own products.
Tim Akpinar agrees with this answer
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