(re-phrased) Can I use someone elses product to make and market my own?
What I'm asking here is this. For example, let's say I had an idea for a new fancy milk shake. Could I use Hershey's choclate syrup in my ingridents or would I be infringing on copyright laws. Basicaly what I'm asking is could I use another brands or companies product in my ingridents for MY product and still be able to get a patent or at least patent pending issued?
No. Trademark / patent laws, not copyright laws.
You can establish strategic alliance or joint-partnership with Hershey's and use their syrup as much as you want in your business by sharing profits with them.
Food products are not patentable.
You would not infringe in copy rights if using another company's products.
Yes, you can use another company's product as an ingredient in your product. However, if you resell somebody else's product and there is a liability issue that arises from their product (for whatever reason) your company would be liable.
hope that helps.