Quote:
Originally Posted by Weekend Pundit
None of this means that a business can't call themselves "Cider Bellies", just that it's not an exclusive name.
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Cider Bellies IS an incorporated business in the state of New Hampshire. As far as I know, NO ONE can sell products labeled with an incorporated businesses name except for that business and it's representatives. No one can sell copied products under the name of the business. I cannot sell dolls that look exactly like Annalee dolls and call them "Annalee" dolls. If the dolls themselves are patented I can't even sell dolls that copy them.
In this case I doubt there is any patent on making cider doughnuts because it is so common. However, if B&G was selling other cider doughnuts under the NAME "Cider Bellies" it is, I believe, illegal and also sleazy business.
I don't know exactly how they were being represented at B&G. If they were simply being called cider doughnuts there was no infringement although there may have been some bad feelings if Cider Bellies was dropped for another brand. I rather doubt this because brand swaps happen all the time. That's normal competition.