Legality of Using Brand Names for Inspired Fragrances on Products

Asked by: wrasbhisa.a On: January 28, 2017 Product Type: Cosmetics

Question

I plan to use fragrance oils from your store, specifically those compared to brands like Bath & Body Works and Victoria Secret, in my products such as lotion or body spray for sale.

I have a few questions:

  • Can I specify on the packaging that I use fragrance oil from Bath & Body Works or Victoria Secret?
  • Are these fragrance oils from your store actual fragrance oils purchased directly from the brand companies, or are they fragrance oils created to mimic the brand's scent?

I want to be sure that I am not violating any laws.

Answer

Legality of Using Brand Names on Products

Regarding your question about using fragrance oils compared to brands like Bath & Body Works and Victoria's Secret in your lotions or body sprays and labeling them with the brand names:

The fragrance oils available, such as those named "Beautiful Day (compare to Bath & Body Works)" or "Bombshell (compare to Victoria Secret)", are typically inspired by or compare to the original brand scents. They are not the actual fragrance oils purchased directly from Bath & Body Works or Victoria's Secret.

Using the actual brand names like "Bath & Body Works" or "Victoria's Secret" directly on your product packaging (lotion, body spray) is not legally permissible. This would likely be considered trademark infringement, as it could mislead consumers into believing your product is made by, affiliated with, or endorsed by the original brand.

To comply with the law, you should label your products using the name of the fragrance oil you purchased (e.g., "Beautiful Day fragrance" or "Bombshell type fragrance"). While some sellers might use phrases like "compare to [Brand Name]" in marketing materials, placing the actual brand name prominently on your product label is legally risky and generally not recommended for retail products.

Therefore, you cannot legally state on your packaging that your product uses fragrance oil from Bath & Body Works or Victoria's Secret, as these are inspired scents, not the original brand's ingredients.