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Old 04-30-2012, 05:06 AM   #1
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Default legality question

Is it legal to use motts products in a commercially produced cider?

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Old 04-30-2012, 05:35 AM   #2
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Yes.

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Old 04-30-2012, 06:41 AM   #3
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Yes.
any steps i could take to do so legally, maybe strike a deal with the nice folks over at mott's?
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Old 04-30-2012, 11:38 AM   #4
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any steps i could take to do so legally, maybe strike a deal with the nice folks over at mott's?
Call them up and ask if they will deliver bulk juice. The tricky part is the legal making of a commercial cider.
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Old 04-30-2012, 11:52 AM   #5
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What are your legal concerns?

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Old 04-30-2012, 12:00 PM   #6
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If you're buying the juice (not stealing it), you can pretty much do what you want with it since it's your juice to use as you please.

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Old 04-30-2012, 01:12 PM   #7
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The only legal issue I can think of would be if you were wanting to use the Mott's name in your marketing. I'm no lawyer but I'm sure this would lead to a lot of issues.

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Old 04-30-2012, 02:43 PM   #8
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While not a lawyer, based on my layperson's understanding, I agree with the above assessments. There's no problem using any juice you can get your hands on, but you will have to be very careful if you want to use anyone else's trademark in any way. You'd probably be technically safe with something like "Kewlio's Cider, made with Mott's Apple Juice[*]" plus a footnote that explains that Mott's is not involved with the cider fermentation. However, in the trademark realm, "technically correct" is only a defense if you have the funding to defend a very expensive lawsuit from a massive company, so in practice you don't want to go anywhere near a big trademark.

My question is why would you want to use Mott's juice? For a serious commercial operation, you're probably going to want to find someone who'll cut you a good deal on wholesale juice. I don't know much about the juice industry, but I think you'd want to look into the distribution side of things---the wholesale market may look a lot different from what a consumer sees on the supermarket shelves. Certainly I'd look into that before picking out any particular manufacturer.

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Old 04-30-2012, 04:56 PM   #9
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While not a lawyer, based on my layperson's understanding, I agree with the above assessments. There's no problem using any juice you can get your hands on, but you will have to be very careful if you want to use anyone else's trademark in any way. You'd probably be technically safe with something like "Kewlio's Cider, made with Mott's Apple Juice[*]" plus a footnote that explains that Mott's is not involved with the cider fermentation. However, in the trademark realm, "technically correct" is only a defense if you have the funding to defend a very expensive lawsuit from a massive company, so in practice you don't want to go anywhere near a big trademark.

My question is why would you want to use Mott's juice? For a serious commercial operation, you're probably going to want to find someone who'll cut you a good deal on wholesale juice. I don't know much about the juice industry, but I think you'd want to look into the distribution side of things---the wholesale market may look a lot different from what a consumer sees on the supermarket shelves. Certainly I'd look into that before picking out any particular manufacturer.
i wouldnt be crediting any ingredients in the label or website, just wondering, and i would be getting it done in bulk if anything, also what kind of permits would i have to apply for to be able to commercially ferment and distribute cider?
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Old 04-30-2012, 08:02 PM   #10
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Wouldn't a hard cider fall under the same laws as wine, beer and/or any other product that contains alcohol? Kewlio250, you need to talk to a lawyer for both concerns. I know nothing about the law but I do know if someone used a product of mine to make their product I'd wanna know and I might even tell you to indicate on your label that my product was used to make your product. Dude search out a lawyer and they'll make sure your legal bases are covered. Good luck with you endeavor.

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