VIC Appropriation of Art on Used Alcohol Bottles - Legal?

StaceyGreed · 9 March 2017

Hi,

I hope this is the correct place for this question. I have done a search and had a look around but can't find anything previous questions to help find my answer.

Backstory:

I have recently started making candles in old alcohol bottle (wine, whisky and others). They have until now been for my own enjoyment but recently a few friends have asked to purchase them off me. This gave me an idea to sell them at markets and other places as a small business.

My question:

I would like to know if I would be breaking any laws in regards to appropriation of the art work on a pre-existing label? ( Ie: Aberlour 10 year old, Single Malt Scotch Whisky).

I would attach my own labels to the product that would state my company name, ABN and the fragrance of the candle. I am also aware I need to attach a warning labels on them about the wax being hot and so forth.

Thank you for any help you can give.

Lance · 10 March 2017

Hi Stacey,

You wouldn't be the first person that has crafted a product into something new. Because you are talking about ABN's and Company names it's a bit more than an arts and craft stall. I do think you could have issues with copyrights and trademarks, but as I said you wouldn't be the first weekend marketeer that does this sort of thing. Because you are starting a business you might want to seek some specialist legal advice.

StaceyGreed · 10 March 2017

Thank you Lance. I thought as much. Looks like it will have to stick to family, friends as stay as a hobby rather than go to the trouble of getting a business name approved, etc. only to be up against copyrights etc. Nothing that I do for fun would have the fun taken out of it.

Leonard Mancini · 18 March 2017

There is a doctrine of law called exhaustion of rights. Once a TM owner puts branded product out on the market, they can't continue to control what happens to it post sale.

Its why you can resell a Gucci handbag or even without Gucci stopping you.

In the vast majority of cases you can take a branded product and make something from it provided you don't hold yourself out to be the brand owner or affiliated in some way with the brand holder.

Basically I reckon you will be OK. You just need to be careful about how you describe your product. If you use the brand in some way to describe your goods you better have used it in a very descriptive way otherwise you will have them potentially making demands on you.

StaceyGreed · 19 March 2017

Thanks for getting back to me Leonard.

I am currently keeping them for family, friends and personal use but may consider selling in the future if that's the case. I haven't use their names on my label but have left their labels on. Unfortunaly, I can't work out how to attach a photo of them.

Added as a profile photo if that helps

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VIC Appropriation of Art on Used Alcohol Bottles - Legal?

StaceyGreed

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Lance

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StaceyGreed

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Leonard Mancini

Lawyer

StaceyGreed

Active Member

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