Legal question...

Discussion in 'General' started by penski, 19 Nov 2004.

  1. penski

    penski BodMod

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    Can't really go into details as it is early stages at the moment but I have a question that someone here may be able to help me with...

    What would the legality be of taking a product from a manufacturer (or a few, giving a choice), modifying it and then selling it on to customers at a profit?

    Would it be doable, much like companies such as Alpine, who modify BMWs and sell them on as Alpina models, if I did not use the original manufacturers name?

    Would it be a case of getting the expressed permission of the individual manufacturers?

    Anyone?

    *n
     
  2. Dad

    Dad You talkin to me?

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    I believe that you would have to license the product before using it and branding it under your name.
     
  3. Chrizzle

    Chrizzle What's a Dremel?

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    Probably also depends on the nature of the item. Taking wood, pressure treating it, and reselling it most likely has different legal complications from buying a Dell computer, painting it red, and reselling it for more.
     
  4. penski

    penski BodMod

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    It is a product that is not currently being sold in such a manner that I have been able to ascertain...So there is no really accurate precedent to use... :/

    *n
     
  5. Ubermich

    Ubermich He did it!

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    It depends on patents held by the original manufacturer and patent laws in your area, IIRC.

    For instance:
    I can take a plastic ball, melt it down, and sell it as a plastic block without any problem.
    But I can't take a plastic toy patented by someone, add flashing lights, and sell it.
     
  6. Jumeira_Johnny

    Jumeira_Johnny 16032 - High plains drifter

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    you're not thinking of selling vibrators as massage wands are you? :idea:
     
  7. bloodcar

    bloodcar Minimodder

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    you could always sell this object as a service such as what many websites did to modified consoles instead of selling it as an IMPROVED product. the best way to go about something though if it's patented is to see how it's done and change it slightly. that's why you see so many exercise equipments that are almost identical yet have different brands. slight variations in how it works.
     
  8. Lovah

    Lovah Apple and Canon fanboy

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    Hi,

    Thats a really good question. I think it will depend ALOT on the kind of product, and the things they ways that the original producer has register the object and the name etc..

    I would contact a law firm that specialises in these sort of things and let them search on you case in special. You can't be too sure if you are going to start doing something like this.. don't want to get sued or something.

    And I yeah you have a point with Alpine.. they sell BMW M3's as Alpine M3, after engine tuning, extern tuning and changing the logo's.

    But then you have AC Schnitzer, who tunes it all aswell, but dosn't change the logo's, they just add AC SCHNITZER to the back, and they do have their own model number. but they sell them as a AS SCHNITZER BMW **** (whatever model).

    Hard call...

    And again the law will differ alot on the kind of product

    Good luck,

    let us know what you are doing! (ones you figured out the technical stuff and registered your idea, offcours).

    L
     
  9. penski

    penski BodMod

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    Yeah - thats what I would do. Offer a service customising products...What I'm concerned about is how the manufacturers would react to advertising modification of their products :/

    *n
     
  10. Spiral Architect

    Spiral Architect Cooked on Phonics

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    I suppose you could contact the original manufacturer. But then theres the whole possibility of using your idea as their own.
     
  11. Dodge

    Dodge What's a Dremel?

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    if you contact the MFG they may nick your idea... so you can stick the idea in an envalope and send it to your home address leave it sealed then if you ever need proof that you had the idea before them youve got it.
     
  12. sinizterguy

    sinizterguy Dark & Sinizter

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    Anyone got a link to the Alpine modified BMW cars ?

    Sorry for the hijack ...



    Your best best is to talk to a proper lawyer, no matter what, most people on these forums are only speculating and you can't base any serious decisions on those.
     
  13. dom_

    dom_ --->

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    has to be sent registered post to be considered a legal document.


    edit:
    http://www.alpina-automobile.de
     
  14. KingofHearts

    KingofHearts What's a Dremel?

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    legal questions on the internet seem a bit useless. if your question is serious then seek legal council not a bunch of people who dont know what they are talking about. Especially considering laws are so different from place to place even if someone did happen to know a little about it, the region and the product itself varys so much it would still not be accurate to your situation. Companies will sue at the drop of the hat so why even take the risk.

    the cost of legal council is not the same as getting a lawyer to represent you in court. id rather pay 100 dollars for council and a drawn up legal agreement then several thousands because i listened to tom and jerry on the internet.
     
  15. KingofHearts

    KingofHearts What's a Dremel?

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    this doesnt mean anything at all. this is used for a different copyright situation. if this was legal i could write down that I had the idea of flying cars and send it to myself. then 10 years from now if it happens go hey that was my idea see i have it here in this sealed envelope from years ago.

    An idea cant be patented. otherwise people would make up random ludicris crap they know nothing about then wait for it to happen and go hey thats mine. you need proof of concept (something that works) for a true patent.
     
    Last edited: 19 Nov 2004
  16. bloodcar

    bloodcar Minimodder

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    cxontact the manufacturer and ask them. don't give specifics on what you're wanting to market, just ask if they would consider legal action if you modified their product and resold it. i honestly don't see this happening as long as the modification wasn't circumventing some type of technology (such as mod chips, we've seen the legal ramifications of Sony getting pissed off over that). as long as your modification doesn't break a type of encryption or anything as the such to protect data, then they should not have a problem with it. just don't go and try to sell it as your own entirely. market it as SUCH AND SUCH PRODUCT with this and this done to it
     

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