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Can you have a private label product that is patented and another

Customer Question

Can you have a private label product that is patented and another almost identical product
that is not patented display the same upc and sku code?
Submitted: 3 years ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 3 years ago.

Alex Reese :

if the product is nearly identical (and thus falls within one or more patent claims), then it would be an infringing product and should not even be on the market to begin with....upc and sku codes are the least of the worries

Customer :

Vendor was purchasing from manufacturer of patented product. Vender then made there

Customer :

own product and put them on the self along with the patened product with same upc and sku code. It would seem to me that the vendor should have there own upc and sku.

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