Legal Question in Legal Ethics in Florida
I have an idea for improving an existing food product, but I want to know if it's legal to combine 2 already commercial products. For example if I buy Nesquik chocolate milk and and Dole canned pinneapple and mix them, can I repackage it and sell it as "Chocolate-pinneapple milk" under a new brand? or do I necessarily need to create a new recipe/formula?
2 Answers from Attorneys
You can combine existing ingredients to make your own product. You just can't say on the package, made from "Nesquik" and "Dole" unless you have permission from the trademark owners. If you are serious about creating a business and branding your product, I would love to help. Email me if I can be of service.
You can combine existing materials, you just can't advertize it as such and make $ off their names.
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