Liability & Legality

**johniman7** · 12-05-2008, 05:26 PM

One of my numerous business ideas not involving the web is a seasonal hot chocolate stand at a local outdoor venue. My mom has been playing around with the hot chocolate she makes for a long time, and we have a very delicious recipe of things added to it, but it starts as swiss miss

. Would there be any legal issues of selling doctored up swiss miss hot chocolate?

I think it should be ok because I am buying it from them but maybe I need special permission?

**colbyt** · 12-05-2008, 06:09 PM

The only way I see a problem is if you use their name, trademark or call it Swiss Miss Hot coco.

Otherwise they appreciate your business.

**creydesign** · 12-06-2008, 08:42 PM

I wouldn't think so, but you never know in the world we live in today. But as long as there was no reference or infringement on Swiss Miss, I don't think it'd be an issue. Always good to ask a legal expert, though.

**Feydakin** · 12-09-2008, 01:08 AM

There are quite a few generic hot chocolate powders out there every bit as good as Swiss Miss.. It's not a problem for you at this stage, but if you become popular you will most likely need to license the recipe from them at the very least..

Check with a local bulk foods supplier, they are everywhere, and see if you can get samples of the varieties they offer..

Look at it this way.. Suppose you go out and buy up a couple hundred buckets of KFC chicken.. Sprinkle some extra pices on it, put in a box instead of a bucket, then sell it.. You think KFC would get upset with you for that?? You are selling their secret recipe after all..