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Are there any general rules when it comes to private label

Question:

What is a company bound to halacha-wise if they use other manufactures success or brand name success to copy designs and features, sometimes modifying slightly features, and selling these in bulk to the public?

 

Answer:

Hello,

There are a number of serious issues with using other companies designs, copying products, and companies’ names. The first issue is that in general we are halachically bound to the local copyright laws. This is the rule called “dina dmalchusa dina”, the local laws are binding in halacha. Therefore, since the name of a company is copyrighted, we cannot use their name according to halacha. The same would apply to their designs and features if this is something that is special to a certain company. Aside from this there are other issues here. If the customer thinks that it is the brand name and the brand names quality, he is being fooled into buying it when it is not what he expected, which is geneivas daas, which applies to Jews and non-Jews alike. Additionally, if it is an original idea, to copy it and sell it publicly will be taking business away from the owner of the idea.

If it is modified slightly, it might help for some of the issues, however it will still be fooling the customer. Hashem should send everyone their proper parnossa in a proper permitted way.

Best wishes

 

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