united-states
Can I use a product that already exists to make another product?
<p>In short, I want to start a small internet shop (think like Etsy) that sells an idea I have for a handmade item. Something I would need to make the item is hair dye, and I've done TONS of research and I can't find anywhere to buy ingredients for hair dye because the process of making hair dye is something that must be done by a chemist. So my question is, if my item involves adding hair dye to several other ingredients, is it legal to put a branded hair dye in my item?</p>

<h2>Yes</h2>
<p>That’s what construction companies do.</p>
<p>And manufacturing companies.</p>
<p>And car companies.</p>
<p>And coffee shops.</p>
<p>And restaurants.</p>
<p>And …</p>

<blockquote>
<p>Can I use a product that already exists to make another product?</p>
</blockquote>
<p>If you <em>didn't</em> do that, you'd have to <strong>make everything from scratch</strong>.  <em>Nobody</em> (except for guys on YouTube who show you how expensive things really are) does that.</p>
<p>Thus, you'll of course buy &quot;other products&quot; to make your own products.</p>

<p>If you go to any ice cream shop (e.g. Cold Stone Creamery), they will offer a variety of toppings.  Some of those toppings will be &quot;crushed Oreos&quot;, &quot;M&amp;M&quot;s, Reese Pieces, crushed Snickers bars, crushed Kit Kat bars, etc.</p>
<p>When you sell things like that, you are using the term as a <em>descriptive</em>, so they can't prohibit you from referencing the product, and you don't need to license the use.  <em>However, if you do call them M&amp;Ms, you must <em>actually use</em> M&amp;M's</em>.</p>
<p>But clearly, any ice cream shop can do that, since they all do.</p>
<p>If they want to make a &quot;chocolate deluxe&quot; sundae and <em>don't even mention</em> the crushed cookies used in the <em>melange</em> are genuine Oreos, there's no problem with failing to mention that.</p>
<p>However, relevant to your product -- if there are any special licensure, inspections or other requirements required to sell your product,  <em>for instance if you are selling hair dye</em>, then you are fully obligated to meet ALL those requirements - even if you do not know they are requirements.  This is one area where &quot;ignorance of the law is no excuse&quot;.</p>
<p>There are lots of forums on the Internet, and your second-best bet is to connect with knowledgeable people doing the same thing (or abstaining to do that thing because the licensure is onerous).  Your best bet is to rely on the advice of your industry-practicing lawyer.</p>

<p>When you buy hair-dye, it is very likely to come without any commercial restrictions on use; there may be restrictions that the seller tries to make on doing dangerous things. Say if I sell hair spray I might add a license that says you are not allowed to spray into open flames - it would be very dangerous, highly stupid, and the license would make it harder for you to claim damages from me.</p>
<p>Trademark laws may prevent you from telling the public that you put XYZ hair dye into your product, but that is only about the use of their trademarked name. The seller may tell you that you are not allowed to do this, whether they can legally prevent you is another question, but it will help them if the hair dye causes problems in your product.</p>
