New pre mixed alcoholic beverage

[V-I-S]

First off, I’m not sure that this is the right section to post this. If not please direct me to the right place. Anyways, here’s my question:

Im trying to find out the regulations of using another company’s liqour product as an ingredient in my own pre mixed alcoholic beverage. Is it okay to use someone else’s liqour product as an ingredient in my own mixture, as long as it’s not advertised that it is being used, and only listed as an ingredient, or do you always need permission to use another product in your own?

Any help would be greatly appreciated.

Thank you.

 

[FlyingRon]

You didn't bother to answer the question about what state you are in, so I'll speak in generalities.

You can use a name brand spririt. You can certainly list it on the label. What you can't do is use they're brand to market yours without their permission.

Let's say I want to can premixed "Jack Daniels and Coke." I can't market that as "Jack and Coke" without both Jack Daniels and Coca Cola's permission.

You've got other issues. You just can't go out and sell liquor. You're almost certainly going to need a state license. You are unlikely to be able to sell direct to consumers. You also need to have your labelling approved by the feds (TTB).

 

[quincy]

First off, I’m not sure that this is the right section to post this. If not please direct me to the right place. Anyways, here’s my question:

Im trying to find out the regulations of using another company’s liqour product as an ingredient in my own pre mixed alcoholic beverage. Is it okay to use someone else’s liqour product as an ingredient in my own mixture, as long as it’s not advertised that it is being used, and only listed as an ingredient, or do you always need permission to use another product in your own?

Any help would be greatly appreciated.

Thank you.

What is the name of your state or, if not in the US, what is the name of your country?

I agree with the general information provided by FlyingRon. The use of another's product as an ingredient in your product is okay as long as your product does not use the other product's trademark as an advertising/marketing tool. The key to using another company's trademark is to avoid confusing consumers into thinking your product is affiliated in any way with the other company if it is not.

There is some risk of tarnishing the reputation of the other company's product if your product is substandard, however.

You will want your labeling and advertising personally reviewed by an IP attorney in your area (whatever area of the world that may be) and, again as FlyingRon noted, creating and selling an alcoholic product has some additional concerns.

 

[xylene]

You should try and sell your idea to one of the myriad companies who already sell premixed ****tails, especially in the states where they are particularly popular because of liquor law reasons.

 

[quincy]

You should try and sell your idea to one of the myriad companies who already sell premixed ****tails, especially in the states where they are particularly popular because of liquor law reasons.

If V-I-S considers selling his recipe, he will want to have a nondisclosure/confidentiality agreement drawn up and signed by any beverage manufacturer with which he discusses it.

Here is a link to an older thread that discusses some of the laws involved in using another company's trademarked goods for your own product: https://forum.freeadvice.com/sports-arts-entertainment-law-86/selling-reconstructed-hockey-jerseys-legal-506442.html