Q: Is it legal to use a simplified design inspired by a Heinz ketchup bottle for a business?
I am considering starting a "print on demand" business and would like to use a design inspired by a Heinz ketchup bottle. Specifically, I plan to use the shape of the original bottle and keep the shape of the white label. I may also include the green and yellow border on the label, but I would remove any words from the original design. I’ve checked the USPTO search but couldn't find a definitive answer. I have no prior experience with licensing images or logos. Would this be permissible, or could it potentially infringe on trademark or copyright laws?
A: This is likely to be a concern under "Trade Dress" law. Trade dress is really formally registered. It constitutes things like the shape of the bottle, the shape of the label, the green line around the label. You are seriously playing with fire if you intend to use Heinz Ketchup trade dress for your own small company.
A:
Using a design heavily inspired by the Heinz ketchup bottle could put you at legal risk, even with modifications. The bottle's distinctive shape, label design, and color scheme are protected by trade dress laws, which safeguard recognizable product packaging elements that consumers associate with specific brands.
While removing text and making some alterations might seem like enough changes, courts often look at whether the overall impression could confuse consumers or dilute the original brand's identity. Heinz has actively defended their intellectual property rights, and they might view your design as an attempt to capitalize on their established brand recognition, even if that's not your intent.
For your print-on-demand business, you'd be better off creating an original design that captures the essence of what you're trying to convey without mimicking existing branded products. Consider working with unique shapes, colors, and layouts that express your creative vision while staying clear of potential legal challenges. If you're particularly drawn to the vintage or classic feel of the Heinz bottle, try developing your own take on that style without directly borrowing specific elements from their protected design.
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