Is it leagle to buy a product, change its purpose, then sell it under my name?

Question

I buy a product, change its purpose, then sell it under my name

Answer 1

The short answer is yes, in most countries and under most conditions.

If you purchase a product, provided you have not signed any sort of non-resale contract with the supplier, you should have no problems.

There are four scenarios where you may have problems:

1) Trademark violation. You can normally re-sell a product with a trademark and logo on it (this is what stores everywhere do!), but you cannot use somebody's logo as your own.

2) Patent violation. You can re-sell a product that is patented without problems - once again, this is what stores everywhere do every day. The person who makes the product is the one responsible for any patent infringement, so if YOU modify a product in some way to make it infringe upon a patent, the patent holder may sue you for royalties. Normally, if you simply re-sell without any modification, you would not be liable for patent infringement.

3) Copyright violation. This primarily applies to software, movies and music. It may also apply to certain software used in hardware. For example, you cannot legally (in the US) purchase DVDs, edit them, then re-sell them, because it requires breaking copy protection on copyright materials. There are a myriad of complex scenarios possible surrounding software.

4) Specific local laws. Whatever the new purpose for your product is, it shouldn't violate local laws. You couldn't resell arsenic as a headache medication, for example. However, these laws generally apply equally to all products on the market, regardless of how these products were brought to market, made yourself or purchased and modified.

Answer 2

Only with a patent for the new specific use of the product above and beyond what the original patent described. Good patent atty's use such descriptive words describing the product's use, it would be hard to get around the original patent, but it can be, and is done.
...jj.

Answer 3

Companies buy coffee beans from Brazil, repackage it and sell it under their own brand name.
A lot of other products are sold similarly.
Just to be safe, modify the product and then sell it on. Modification can be as simpl as repackaging.

Answer 4

It is illegal to do this and if the product is widely known then people will know that you did not create that product and the company that was the original ceator of the rpoduct could sue you if you do so. You could also be arrested and your business could be shut down too.

Answer 5

There is no law against it, this would fall under trademark rights. The company would have the right to ask you to stop using their trademark IF the smaller size were competing against them and causing confusion among consumers. I would try to skirt the issue by: (a) not using their trademark symbol, just their brand name, and (b) making the packaging as plain as possible.

Answer 6

I have to believe it is illegal. You are modifying what I would have to believe is a patented item for financial gain. Try patenting your modifications first. If you get through that test, then it becomes legal.

Answer 7

There is a case similar to this that is happening right now: http://apnews1.iwon.com//article/20061124/D8LJKV9O0.html so I would be very careful