Question: I love the lotion made by Victoria Secret named “Love Spell”? Can I make my own and sell it under that name?

Answer: The rule is that you are not allowed to sell products by a name that causes confusion in the market. However, you are allowed to compare your own product to another in the market. Apply this rule by naming your lotion something different than “Love Spell” and then using the statement “Compare to Victoria Secret Love Spell.” This is a common technique used by brands such as Equate, sold at Walmart. When in doubt, you can reference how a big retailer compares their products to others and protects themselves with disclaimer statements. If you have further questions we recommend contacting a patent and trademark attorney in your area.