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Home > Law > Corporate Law   »   new product

 
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Old Mar 6, 2006, 10:03 AM
donaldbhenry
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new product

I would like to start a business making a new product. The product would be made from a finished product from one manufacturer and modifing that product. As an example suppose I bought 3-m scotch tape with adhesive on one side and then coated the other side with another adhesive (say Dupont) , which would represent a double sided tape; and, then sold the product under another name - say Fancy Tape. Would I have to get the permission of either 3-M or Dupont to make this new product?

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Old Mar 6, 2006, 06:41 PM   #2  
dmatos
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People who make VCR's don't need the permission of screw manufacturers. I think it all depends on how much you are changing the product, and how recognizable the product would be in its finished form. From the example you gave, I would suggest that you would need to get permission, and I'd suspect that 3-M wouldn't provide it (they also make 2-sided tape).

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CaptainForest agrees: Good points
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Old Mar 30, 2006, 06:03 AM   #3  
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Hello donald:

I actually think you can use their product in any way you wish. You very well may have to re-package it so no original name appears, but you may not. Frankly, I don't think there's a definitive answer given the limited information you provided.

Instead, let me relate this story: I went into the security business. Not being a technical dude, I used off the shelf readily available electronic equipment. I put the different parts together in such a way that they performed the service that was selling. I did NAME my service, which of course was different than the labels that were on the equipment, which I didn't remove. I had no trouble from anybody. As a matter of fact, the manufacturer of the equipment was thrilled that I was buying so much of his stuff.

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Old Mar 30, 2006, 03:03 PM   #4  
Fr_Chuck
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of course as long as you are using someone elses product, they will be in control of your pricing, when they ship it to you, how much you can get at one time and so on.

For example you will merely be using thier product in the manufactor of your product, as a car radio in a car, or a spring in a ink pen.

You will need to find a supplier and get a written contract for a certain number of units at a certain price in a certain time frame.

You can if you buy enough buy direct from the manufactor or you may have to pay though a distrubtion center if you don't buy a large enough amount.

The product would be bought without packaging, or labeling, unless it is agreed to keep certain making or "made from" on the label you are going to use. You could not use thier name or trademark without premission

Of course you also have to check to see no one else has a patient on the idea already, and also patient your idea so it can not be stolen very easy.

If you are a mom and pop operation, a large company that wants to steal your idea will basicly drive your bankrupt in court action. So always beware.
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