Selling Products Online

[Bethany]

What is the name of your state? Michigan

I'm not sure if this is the right forum, but I have a question. I make home-made soaps and I want to sell them online. This is my issue: My home-made soaps have Ivory soap as an ingredient. I don't plan to use the brand name to help sell the soap or anything. I just want to know if it's legal for me to even use their product as an ingredient in my product.

Does anybody know about this?

 

[quincy]

Your use is legal.

Under the "first sale doctrine", you are able to re-sell a product you have already legally purchased. This would include using this legally-purchased product as an ingredient in your product.

Recipes cannot be patented nor can ingredients be copyrighted. Recipes are blends of common ingredients - and anyone is free to use the same ingredients. Secret formulas and secret ingredients may be "guarded" under trade secret agreements, however this does not prevent others from trying to figure out how something is made or put-together and trying to duplicate it.

The only area where you have to be careful is in using the trademarked name Ivory - you would violate their trademark if you use their product name in any way, either in your list of ingredients or as part of your packaging or advertising strategy.