I want to sell a product but have no $ an investor will sell it under his Corp name How does that work legally
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I don't know if the Massage Oil needs to be patented, or copywritten, or whatever. I also don't know if maybe opening my own Corp. would protect me. He already has his own Corporation in which he is the sole proprietor. He said I will get a % off each item, but if I leave the company the product stays with him. Will I still make $ off the product if that is the case? How can I ensure ownership of the product even though he is manufaturing it? Please help with any useful info. Thanks!
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Answer:
This gets complicated. Try to negotiate a deal where you own the trademark. There is no copyright issue except for words written on the label and instructions. If you appoint him sole distributor with conditions (i.e, that he actually sell X bottles of your product per year or more), then so long as he performs, you are OK and he can't steal your trademark. Unless you have a trade secret it's the trademark that counts. The formula could be reverse-engineered. Even by me, and I last studied college chemistry in 1960.
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Other answers
A lot of people started out by word of mouth and out of the trunk of their car. Trademark & patent your product and patent product name. Get all agreements in writing. Contracts are good.
Unique
have a contract to give him manufacturing rights to the product. example: a many companies contract other companies to make their product for them and even sell it. The product is yours and should always remain yours, if he says you get 40% tell him that YOU will give him 60% for his work.
Justin K
You can patent your "unique blend of ingrediants" - but it will cost alot of money, because a patent attorney will need to do the investigation to ensure that your "unique" blend is truly unique and not infringing on someone else's "unique" blend - that will cost you about $6k. Once it's patented, you can grant a license to this corporation for the manufacture of your product, but then, once the license expires, you take it with you - if you grant him a perpetual license, then you also have a perpetual royalty, which means that you get a % off forever. At a minimum, you should get a "copyright" of the name of your product, that is $35 at the copyright office, and then your agreement with the corp is that this product formulation can only be sold with the "copyright" name, which will give you a limited amount of protection. Since you have such little knowledge of corporate law, you really need an attorney, yahoo answers can't begin to protect you, but I've at least tried to give you some basic information.
girlwhoknowsitstrue
who is your backer and will he/she back be on a brand new Idea that will/can be used in every building/home in the world [email protected]
frank d
No, you will not make any money if you leave the company and the product is his. The only way you will make money if you choose to go this route is an employee and you will find out that he will have a bigger percentage than you. You see when he purchases and sells under his corporation he owns it and probably will have it patented himself. The best thing is try to get the product patent yourself and try selling it door to door and that way you get all the money. That's how some of the most popular products today got their start. Good luck.
kitcat
What you are doing is selling an idea....so make sure you get money up front for the idea and then also royalties.
Chic
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