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CalAttorney2
CalAttorney2, Attorney
Category: Business Law
Satisfied Customers: 10236
Experience:  I am a businesses law attorney, with experience advising and representing owners and investors.
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I am completely recreating specialized beverage products

Customer Question

i am completely recreating specialized beverage products from one very basic recipe, as well as creating new beverage products for a specialized beverage store. Would it be fair for mi to ask for some kind of percentage of sales for these products if they actually sell well, ?
Submitted: 1 year ago.
Category: Business Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

If you are creating a new product line, you should be protecting this intellectual property, and then reselling it or licensing it.

If you license the property that will give you the percentage of the sales that you are looking for.

But the only way to protect these rights is to actually take affirmative action and protect your intellectual property (trademark and patent law). You can do this yourself through the USTPO, but I don't advise it, it is simply too complex of a system to try it yourself, and there are too many opportunities for failure (be very wary of the "self help" sites out there, most will get you a provisional patent or trademark only, which isn't really going to help you).
If you want to protect your product, and conduct your business, hire an IP lawyer. They will charge you, but the value you get from their service is real - you will protect your product line and you will be able to safely license it to manufacturers, distributors, and merchants.

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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