Industry Eye: Shop Talk - Legal Matters, Letter to the Editor
No UPC Could Lead to Trademark Infringement
By
George S. Isaacson
and Neil Rubin
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The court rejected CVS' argument and issued a preliminary injunction against sales of trademarked products with UPCs removed. The court contended that the removal of the UPC risks counterfeits while potentially damaging Davidoff's reputation.
The court added that removing UPCs may lead consumers to suspect the items are stolen, defective or had been recalled.
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