Can I use a brand name bourbon to make candies and sell to the public saying they are made with that bourbon?

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Can I use a brand name bourbon to make candies and sell to the public saying they are made with that bourbon?

For example I have a family recipe that required makers mark to be mixed with other ingredients then filled into a candy. Can I sell the product as makers mark filled candies?

Asked on June 14, 2012 under Business Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can only do this with the permission of  the company holding the intellectual property rights (e.g. the trademark) to Maker's Mark:

1) If Maker's Mark is trademarked (which I assume it is), you have no right to use that mark without the permission of the trademark holder; when anything is trademarked, the rights holder can prevent all  unauthorized use, or sue for compensation for infringement.

2) If you in any way imply or suggest a connection or relationship between you and Maker's Mark, that is unfair competition--confusing consumers as to source of the goods--and is a separate violation froom the above, also giving rise to grounds for a lawsuit.

You can't use others' tradenames or trademarks without permission.


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