If I’ve come up with a hair product that works wonders and now I want to sell it, can I if use 2 other companies’ conditioners in my concoction?

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If I’ve come up with a hair product that works wonders and now I want to sell it, can I if use 2 other companies’ conditioners in my concoction?

I have used on my hair and close friends for years. I realize now I am making a great product and it’s time to start making a profit off of it. Can I just sell it without any problems?

Asked on July 19, 2015 under Business Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You cannot do this if they have any patents in or on their products, since you would be violating their patent rights: a patent owner has the sole right to market or sell the product, or make new products incorporating it, unfortunately. If their products are not patented, you can most likely do this so long as you do not state that you are using their products, use their trademarks or logos, imply a connection to them, etc.--doing any of this would most likely be a trademark violation, possibly a copyright violation, too, and would also likely be unfair competition (a violation of the Lanham Act).


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