QUESTION

I make homemade laundry soap I found the recipe online, and it uses name brand products, would I be able to sell this?

Asked on May 15th, 2013 on Patents - Massachusetts
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3 ANSWERS

Yes, providing the recipe meets regulatory codes governing sale of this type of product- but be careful not to use the "name brand(s)" to mark your product. You might list the ingredients in small print, but make sure to do so in a manner that will avoid any likelihood of confusing your product with its name brand ingredients.
Answered on May 17th, 2013 at 7:35 AM

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Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
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I don't see any IP issues that would stop you unless you used the brand names in your marketing.
Answered on May 17th, 2013 at 7:34 AM

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Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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Yes. The fact that you purchase the "brand name products" gives you the right to use them as you choose - and that includes combining them and selling the new laundry soap product. However, you cannot use the NAMES of the brand name products as your list of ingredients - as those names are likely registered trademarks for each of the products that you have combined.
Answered on May 17th, 2013 at 7:27 AM

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