# Can I market something that is used with another product? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [August 28, 2025, 4:18pm UTC](https://boards.straightdope.com/t/can-i-market-something-that-is-used-with-another-product/1022551 "2025-08-28T16:18:53Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![mixdenny](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mixdenny/32/2962_2.png) [@mixdenny](https://boards.straightdope.com/u/mixdenny)\ **Post date:** [August 28, 2025, 4:18pm UTC](https://boards.straightdope.com/t/can-i-market-something-that-is-used-with-another-product/1022551/1 "2025-08-28T16:18:53Z")
I often buy those Pepperidge Farms frozen cakes. They are about 7” square and fit closely in the box. But as you use the cake and slide the tray with the cake out and in a several times the frosting tends to get smeared on the box flaps and then onto the countertop, your hand, etc. A nice glass or plastic cake tray with a lift-off lid would be great but all of them are for large cakes and are a waste of space. Can I design one and market it as perfect for Pepperidge Farm cakes? I’m surprised they don’t sell one themselves. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [August 28, 2025, 4:28pm UTC](https://boards.straightdope.com/t/can-i-market-something-that-is-used-with-another-product/1022551/2 "2025-08-28T16:28:07Z")
Just say that it is perfect for small frozen cakes and confections. That way you bypass the Pepperidge Farm owners while including all other makers of such goodies. ---
**Author:** ![Darren\_Garrison](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/darren_garrison/32/92_2.png) [@Darren\_Garrison](https://boards.straightdope.com/u/Darren_Garrison)\ **Post date:** [August 28, 2025, 4:45pm UTC](https://boards.straightdope.com/t/can-i-market-something-that-is-used-with-another-product/1022551/3 "2025-08-28T16:45:31Z")
> [@mixdenny](#): > > Can I design one and market it as perfect for Pepperidge Farm cakes? I’m surprised they don’t sell one themselves. Aren’t those a single serving, or am I doing it wrong? ---
**Author:** ![dolphinboy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dolphinboy/32/330_2.png) [@dolphinboy](https://boards.straightdope.com/u/dolphinboy)\ **Post date:** [August 28, 2025, 4:46pm UTC](https://boards.straightdope.com/t/can-i-market-something-that-is-used-with-another-product/1022551/4 "2025-08-28T16:46:19Z")
I can’t think of any reason why you couldn’t do it. I don’t think it would infringe on Pepperidge Farm’s cake patent unless they sold the same thing, which you could easily verify. I’m surprised someone hasn’t already done it, so this may be your road to fame and fortune. ---
**Author:** ![kenobi\_65](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kenobi_65/32/13178_2.png) [@kenobi\_65](https://boards.straightdope.com/u/kenobi_65)\ **Post date:** [August 28, 2025, 5:01pm UTC](https://boards.straightdope.com/t/can-i-market-something-that-is-used-with-another-product/1022551/5 "2025-08-28T17:01:11Z")
> [@Czarcasm](#): > > Just say that it is perfect for small frozen cakes and confections. That way you bypass the Pepperidge Farm owners while including all other makers of such goodies. Likely this. Mentioning their specific brand or product, or including their logo on your product, on your packaging or marketing materials, without their permission, would probably lead to some manner of legal action on their part. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [August 28, 2025, 5:08pm UTC](https://boards.straightdope.com/t/can-i-market-something-that-is-used-with-another-product/1022551/6 "2025-08-28T17:08:38Z")
Trademark infringement. ---
**Author:** ![kenobi\_65](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kenobi_65/32/13178_2.png) [@kenobi\_65](https://boards.straightdope.com/u/kenobi_65)\ **Post date:** [August 28, 2025, 5:14pm UTC](https://boards.straightdope.com/t/can-i-market-something-that-is-used-with-another-product/1022551/7 "2025-08-28T17:14:03Z")
> [@Czarcasm](#): > > Trademark infringement. Exactly. Pepperidge Farm almost undoubtedly does not have a: > [@dolphinboy](#): > > cake patent …but they do have trademarks on their brand name and logo, and rights to their “trade dress” (i.e., the color scheme, fonts, style, etc. which they use on their packaging and advertising). A product, even a complimentary product like the OP’s proposed tray, which used any of Pepperidge Farm’s names, logos, or packaging appearance, without permission, would likely be seen as being deceptive to consumers, and causing confusion as to who is making/marketing that tray. So, “a perfect tray for popular frozen dessert cakes” is likely fine. “A perfect tray for Pepperidge Farm’s frozen cakes” probably is not. ---
**Author:** ![Q.Q.Switcheroo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/q.q.switcheroo/32/5713_2.png) [@Q.Q.Switcheroo](https://boards.straightdope.com/u/Q.Q.Switcheroo)\ **Post date:** [August 28, 2025, 5:15pm UTC](https://boards.straightdope.com/t/can-i-market-something-that-is-used-with-another-product/1022551/8 "2025-08-28T17:15:43Z")
> [@kenobi\_65](#): > > Mentioning their specific brand or product, or including their logo on your product, on your packaging or marketing materials, without their permission, would probably lead to some manner of legal action on their part. Remember what happened to the last guy who tried that? Pepperidge Farm remembers. ---
**Author:** ![dolphinboy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dolphinboy/32/330_2.png) [@dolphinboy](https://boards.straightdope.com/u/dolphinboy)\ **Post date:** [August 28, 2025, 6:33pm UTC](https://boards.straightdope.com/t/can-i-market-something-that-is-used-with-another-product/1022551/9 "2025-08-28T18:33:06Z")
You’re right, of course, but I like cake patent better.. ---
**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\ **Post date:** [August 29, 2025, 4:02am UTC](https://boards.straightdope.com/t/can-i-market-something-that-is-used-with-another-product/1022551/10 "2025-08-29T04:02:56Z")
> [@kenobi\_65](#): > > which used any of Pepperidge Farm’s names, logos, or packaging appearance, without permission, would likely be seen as being deceptive to consumers, and causing confusion as to who is making/marketing that tray. I don’t think that’s the case at all. At least for trademarked names it’s definitely fair use for a non-affiliated product to use them in an informational way that doesn’t claim association or endorsement by the brand in question. E.g. all the “own brand” products that say what brand name they are equivalent to… [![](https://www.cvs.com/bizcontent/merchandising/productimages/high_res/5042831078.jpg) ](https://www.cvs.com/bizcontent/merchandising/productimages/high_res/5042831078.jpg) ---
**Author:** ![kenobi\_65](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kenobi_65/32/13178_2.png) [@kenobi\_65](https://boards.straightdope.com/u/kenobi_65)\ **Post date:** [August 29, 2025, 4:15am UTC](https://boards.straightdope.com/t/can-i-market-something-that-is-used-with-another-product/1022551/11 "2025-08-29T04:15:52Z")
> [@griffin1977](#): > > I don’t think that’s the case at all. At least for trademarked names it’s definitely fair use for a non-affiliated product to use them in an informational way that doesn’t claim association or endorsement by the brand in question. Fair, but it would depend on the language that the OP would use. Trademark owners likely will see a difference between informationally saying “compare to the ingredients in Benadryl” (which makes it clear that what is in the box is _not_ Benadryl) and language which specifically refers to Pepperidge Farm’s cakes, and may or not make it clear that the proposed tray isn’t made by Pepperidge Farm, or using the Pepperidge Farm name under license. It comes down to if the use of the other company’s trademark is used in a way that is clearly non-confusing. As [this article](https://www.goldsteinpatentlaw.com/what-happens-if-you-use-trademark-without-permission/) notes (emphasis mine): > [@](#): > > When you use [a registered trademark](https://goldsteinpatentlaw.com/how-to-register-trademark/) without permission, you are violating the trademark owners legal rights. This means the trademark owner has the ability [to pursue legal action](https://www.uspto.gov/page/about-trademark-infringement) against you to stop you from this use when **it causes a likelihood of confusion for actual or potential consumers.** Also, I suspect that you don’t know (nor do I) if the makers of store-brand OTC drugs (which is mostly where I see those “compare to Brand X” violators) have, in fact, gone through the hoops of getting legal permission to use the other brands’ trademarked names. Part of the issue, I think, is that he’s thought of an idea which is fundamentally made to compliment _one_ product line, from _one_ manufacturer – the square Pepperidge Farm frozen cakes. Is there a way for him to market such a product without getting Pepperidge Farm’s lawyers in a twist? Probably? But that’s what IP lawyers are for. ---
**Author:** ![bump](https://avatars.discourse-cdn.com/v4/letter/b/7c8e57/32.png) [@bump](https://boards.straightdope.com/u/bump)\ **Post date:** [August 29, 2025, 2:03pm UTC](https://boards.straightdope.com/t/can-i-market-something-that-is-used-with-another-product/1022551/12 "2025-08-29T14:03:36Z")
I would think you could do so, as long as you didn’t actually represent yourself as being part of Pepperidge Farm, or anything like that. I mean if you think about it, aftermarket automotive product manufacturers do this as a standard part of their business process, up to and including showing their stuff installed on a specific make and model of vehicle. I’d think that doing what @Czarcasm says, and showing an actual Pepperidge Farm cake on your gizmo would work just fine. ---
**Author:** ![Llama\_Llogophile](https://avatars.discourse-cdn.com/v4/letter/l/49beb7/32.png) [@Llama\_Llogophile](https://boards.straightdope.com/u/Llama_Llogophile)\ **Post date:** [August 29, 2025, 2:11pm UTC](https://boards.straightdope.com/t/can-i-market-something-that-is-used-with-another-product/1022551/13 "2025-08-29T14:11:45Z")
> [@mixdenny](#): > > I often buy those Pepperidge Farms frozen cakes. They are about 7” square and fit closely in the box. But as you use the cake and slide the tray with the cake out and in a several times the frosting tends to get smeared on the box flaps and then onto the countertop, your hand, etc. A nice glass or plastic cake tray with a lift-off lid would be great but all of them are for large cakes and are a waste of space. > > Can I design one and market it as perfect for Pepperidge Farm cakes? I’m surprised they don’t sell one themselves. Those cakes used to come in boxes with a lift-up lid, which I preferred. I suppose that made it harder to take it out completely if you wanted to, but I invariably eat them from the box. The newer slide-out packaging annoys me and does create the mess you describe. Alas, like a lot of products these days, they have “improved” it in ways that make it worse. ---
**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\ **Post date:** [August 29, 2025, 2:18pm UTC](https://boards.straightdope.com/t/can-i-market-something-that-is-used-with-another-product/1022551/14 "2025-08-29T14:18:12Z")
> [@Czarcasm](#): > > Just say that it is perfect for small frozen cakes and confections. That way you bypass the Pepperidge Farm owners while including all other makers of such goodies. Then, on the box, show it being used with a cake that’s both clearly not a Pepperidge Farm cake but also clearly meant to imply a Pepperidge Farm cake based on the size. Incidentally, if you can find a tupperware type container that the cake would fit in, use it upside down. Set the cake on the lid and put the container over it. Or maybe get a razor blade or sharp knife and cut the top of the box open so you don’t have to slide it in and out. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [August 29, 2025, 2:26pm UTC](https://boards.straightdope.com/t/can-i-market-something-that-is-used-with-another-product/1022551/15 "2025-08-29T14:26:37Z")
I play board games and there are companies that design and sell upgraded components for games that are produced and sold by other companies. And they will clearly state that these components are designed to be used by this specific game, which they will identify. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [August 29, 2025, 2:29pm UTC](https://boards.straightdope.com/t/can-i-market-something-that-is-used-with-another-product/1022551/16 "2025-08-29T14:29:16Z")
Do they do it without getting permission first? ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [August 29, 2025, 2:29pm UTC](https://boards.straightdope.com/t/can-i-market-something-that-is-used-with-another-product/1022551/17 "2025-08-29T14:29:49Z")
I don’t know. ---
**Author:** ![We\_re\_wolves\_not\_werewolves](https://avatars.discourse-cdn.com/v4/letter/w/838e76/32.png) [@We\_re\_wolves\_not\_werewolves](https://boards.straightdope.com/u/We_re_wolves_not_werewolves)\ **Post date:** [August 29, 2025, 2:42pm UTC](https://boards.straightdope.com/t/can-i-market-something-that-is-used-with-another-product/1022551/18 "2025-08-29T14:42:58Z")
> [@kenobi\_65](#): > > As [this article](https://www.goldsteinpatentlaw.com/what-happens-if-you-use-trademark-without-permission/) notes (emphasis mine): > > > [@](#): > > > > When you use [a registered trademark](https://goldsteinpatentlaw.com/how-to-register-trademark/) without permission, you are violating the trademark owners legal rights. This means the trademark owner has the ability [to pursue legal action](https://www.uspto.gov/page/about-trademark-infringement) against you to stop you from this use when **it causes a likelihood of confusion for actual or potential consumers.** It’s not explicitly clear in the article, but the “use a registered trademark without permission” in that article is specifically referring to to using it as a source indicator of your product. That is, passing off your product as the same or originating from the same source as the original. That is not what we are talking about here. This is actually a pretty nuanced area of trademark law and it’s difficult to define bright line rules, i.e. this is ok but this is not. Essentially though, it is _generally_ ok to market your product as being compatible with some other trademarked product from another manufacturer. You need to be very clear to distinguish that your product (and your company) are not affiliated with the other product or the manufacturer. Basically, as I stated above, the whole point of trademarks is to function as source identifiers, to distinguish products and companies from each other. If how you are marking your product is causing confusion, diluting the value of other’s marks, or otherwise doing something to hinder the public’s ability to distinguish who is making what, then that is when you are going to run into problems. Incidentally, companies make products suitable for use with other companies products all the time and mention such products on labels and advertising. Consider just one simple example cell phone cases. Almost all of them reference what phones they are compatible with (e.g. “silicone case for iPhone 16”). Here’s just one of thousands of examples. > **[Amazon.com: LUCKYCOIN Crossbody Phone Case for iPhone 16 Pro,Beige Wallet Phone...](https://www.amazon.com/LUCKYCOIN-iPhone-16-Expandable-Compatible/dp/B0DP6PPDFG)** > > Amazon.com: LUCKYCOIN Crossbody Phone Case for iPhone 16 Pro,Beige Wallet Phone Case | Genuine Leather,Wallet Case,with Adjustable Removable Wrist Strap,with Expandable Flip Card Holder,Phone Purse for Women : Cell Phones & Accessories ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [August 29, 2025, 5:54pm UTC](https://boards.straightdope.com/t/can-i-market-something-that-is-used-with-another-product/1022551/19 "2025-08-29T17:54:44Z")
> [@Darren\_Garrison](#): > > Aren’t those a single serving, or am I doing it wrong? Yes. Cut in quarters for 4 bites. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [August 29, 2025, 5:58pm UTC](https://boards.straightdope.com/t/can-i-market-something-that-is-used-with-another-product/1022551/20 "2025-08-29T17:58:31Z")
One issue is that legally a trademark holder must protect it else lose it. That is why anything that in the least bit be construed as to be trademark infringement will be met by IP attorneys even if the owner doesn’t want to make it an issue. That’s why Disney told a preschool to remove the unauthorized characters from their wall and had to suffer the abuse of looking like ogres. [Next page](https://boards.straightdope.com/t/can-i-market-something-that-is-used-with-another-product/1022551.md?page=2)