I am intending to open my own massage clinic when I finish my training & licensing next spring.
There is a certain massage oil company that I like but I want to either alter the fragrance slightly or add my own proprietary essential oil blends, botanicals, etc., to their products, then repackage them in my own bottles & brand labels.
First, their formulas are not patented.
Second, I am aware of the FDA cosmetic labeling laws of ingredients.
Third, I am trained in the safe use of the additional ingredients.
Because I am using their product(s) as a "base" which I want to improve--with my additions from 1%-40% of final product, altering it noticeably & therefore essentially turning it into new products no longer identifiable as the original brand products--is this legal?
Are you using their packaging?
Are you using their name?
Are you using their trademark?
How will anyone know?
Isn't it less expensive to:
(a) blend your own?
(b) buy from them in bulk with the understanding that you are blending your own?
(c) can't you get it more cheaply from other sources?
Are you coming to the Natural Products Expo next month in Anaheim? Who knows what you might find there.....
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
You seem to have done your "homework" and be experienced in the industry. My analysis is that you should not have legal problems so long as you properly label the ingredients with using trademarks or tradenames and respect FDA labeling laws. A side-suggestion: product liabllity insurance is always worth investigating.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline