Legal Eagles.... UNITE!!!!

[Greatscott]

I have a question for all of legal types, or people of experience in this matter...

When/how is it ok to sell a modified new product?

Company X makes a product, but it really isn't that great. But, with some modification, along with some fabrication on your part, you can turn this no-so great product into something that people what to buy. What hoops, if any are required to resell it after the modifications are made?

Thoughts?

[OutLore]

Not a lawyer, but I would suggest that most of this depends on whether there is a patent on the product, it's design or manufacturing process - and where you are in the world.

[HyperMark]

If you are buying the product from Company X and modifying it, I can't see a problem. They still get their money.
Taking their design, modifying it and manufacturing it yourself is where the patent issues would start.
I'm no expert, but this seems right to me.

[themountain]

Originally Posted by Greatscott

I have a question for all of legal types, or people of experience in this matter...

When/how is it ok to sell a modified new product?

Company X makes a product, but it really isn't that great. But, with some modification, along with some fabrication on your part, you can turn this no-so great product into something that people what to buy. What hoops, if any are required to resell it after the modifications are made?

Thoughts?

Ask Reefsrc ...they know how to do it minus the modification part

[mikemcE]

Originally Posted by themountain

Ask Reefsrc ...they know how to do it minus the modification part

No, you’re wrong. Reef does actually design the Chinese crap


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[themountain]

yeah right..good one

[OutLore]

Originally Posted by HyperMark

If you are buying the product from Company X and modifying it, I can't see a problem. They still get their money.
Taking their design, modifying it and manufacturing it yourself is where the patent issues would start.
I'm no expert, but this seems right to me.

Yeah I misread the part about modifying it and reselling it. I don't think you would be in any trouble for that specifically as that happens in all other types of retail. If there's a real market for it though, might be worth approaching the manufacturer for a direct access line to the original product at possibly a cheaper cost than MSRP?

[Phildirt]

So I think of vehicle upfitters...they take a production model, slap some fancy badges/leather/exhaust/side steps and what not on a truck and re-sell it as the "(insert company name i.e. Hennessey)" Special Edition. Not sure why RC components or kits would be any different.

[svt923]

I think it all largely depends on who Company X is.

Flysky wasn’t hitting people with cease and desist orders for selling pre hacked GT3Cs because I’m sure a sale was a sale to them. Other companies, usually the bigger ones, are all about protecting the brand and will bring anyone to court.

[mikemcE]

Originally Posted by Phildirt

So I think of vehicle upfitters...they take a production model, slap some fancy badges/leather/exhaust/side steps and what not on a truck and re-sell it as the "(insert company name i.e. Hennessey)" Special Edition. Not sure why RC components or kits would be any different.

Hennessy who make the VELOCIRAPTOR is licensed through the manufacturers( pay royalties) so that is why they slap 500HP and badges on, selling through the factory dealerships


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[Phildirt]

Originally Posted by mikemcE

Hennessy who make the VELOCIRAPTOR is licensed through the manufacturers( pay royalties) so that is why they slap 500HP and badges on, selling through the factory dealerships


Hang up and Drive

maybe a bad example. But I think there are plenty that don't sell through the dealer. Like the guys that make those DuraBurbs (Suburban with a Duramax Diesel).



Maybe a better example - almost everything for sale on Craigslist lists all of the 'modifications' done to it yet it is still being sold as the original item but under a 3rd party. Like a Perception kayak with $600 in upgrades being sold as a Perception kayak - I don't see them stalking CL and going after the sellers because the item was upgraded.


Maybe I'm making that too simple lol.

[hpiguy]

Bicycle shops, and motorcycle shops do it all the time. But as others have mentioned, might want to speak with an actual attorney to protect yourself, and get advice from someone who knows the laws and how they apply in your particular state.

[mikemcE]

Originally Posted by Phildirt

maybe a bad example. But I think there are plenty that don't sell through the dealer. Like the guys that make those DuraBurbs (Suburban with a Duramax Diesel).



Maybe a better example - almost everything for sale on Craigslist lists all of the 'modifications' done to it yet it is still being sold as the original item but under a 3rd party. Like a Perception kayak with $600 in upgrades being sold as a Perception kayak - I don't see them stalking CL and going after the sellers because the item was upgraded.


Maybe I'm making that too simple lol.

One difference is selling as new/ modified or Used/as is..... big difference between those when selling


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[Phildirt]

Semantics though. One could argue that the minute something is purchased that it is used. But this is why I'm not a copyright lawyer haha

[mikemcE]

Originally Posted by Phildirt

Semantics though. One could argue that the minute something is purchased that it is used. But this is why I'm not a copyright lawyer haha

Nor me!
Those are the real cracks, don’t fall in!


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