Q: Hello, I had a question about copyright?
I have a eyelash line and I want to change my packaging. The packaging would look like the skittles design, the rainbow and all that but the name on on the package would say lashbites instead of skittles. Same for sourpatchkids, airheads, lifesavers. Every package will have that design but the name will be lashbites, lashpatch, minkheads, lashsavers is this okay to do? Or is it something that I can get sued for?
A:
This is most certainly not okay.
You are running the risk of infringing upon the trademark, trade dress, and copyright rights of all of these brands. Even if the name is different, if you utilize packaging "look and feel" and/or artwork from another, you will have a very high risk of being sued. Your best bet is to consult an intellectual property attorney as you develop your ideas, so you can be advised as to how to best minimize your risks of infringement.
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