Discussion:
Hi, is it legal to buy a product, that contains a part you need to use in a product you want to sell that has nothing to do with the product in wich you removed the part?
Example: Say I want to sell say a computer add on. The cost for us to build our own power supply for the this product is lets say $100.00. Lets say a company sells a clock radio, for only $25.00 and it just so happens the power supply in it would work perfectly for our needs. Now would we be open to a law suit if we buy the clock, remove the part we want install it in our computer add on and market our product? We would not be steeling market shares from the Clock Company, as our product has nothing to do with clocks. Infact they would be selling a tun of clocks to us for the part we need. Any one have any thoughts on this? Would we get into trouble doing that? Thanks.
Answer:
Sorry, your question cannot be answered. See the bright red letters above?
Answer:
Originally posted by racer72
Sorry, your question cannot be answered. See the bright red letters above? Obviously, it is a US. Question, since this is a US forum! If you really need the state, it’s TN, Although the question was a broad question, asking for general legal issues on the subject.
Answer:
I am not an attorney, but it seems it would be less expensive to
contact the component manufacturer rather than the product
assembler. If you do not know the component manufacturer,
write to the product company and tell them you are wanting
to produce a non-competing product, but you want to use
a component that is in their product. They might be willing
to provide you with the name, address, etc of the component
manufacturer.
It is possible, the component manufacturer may have
restrictions on how their component can be used, and
for what purposes.
If the product manufacturer and component manufacturer
are the same company, the company may not be in the
business of selling components to other companies. However,
you can write and ask for their permission to extract and use
their components, and see what they say.
If patents are similar to copyrights, you cannot use patented
products/components for commercial reasons; although you
purchased the patented product. For example, if I purchase
a drawing program with hundreds/thousands of clip art (pre-
drawn artwork), I can use the clip art for personal use, but I
cannot use the clip art for commercial purposes, unless I obtain
permission and pay additional royalty fees to use the clip art for
commercial purposes. Again, I am not an attorney, and patent
and copyright usage may differ.
Answer:
Okay, lets answer your question this way.... If you are in Tennessee (or any other state in the US) and can find a less expensive compatible part elsewhere, you are not prohibited from using that part. Realize however that by using the alternate part you probably void any warranty by the original supplier.
If you are in Canada as shown in your 'name' and your location, then any advice from this forum isn't worth a Molson!!
And one final 'shot'.... your response that your question was obviously a US question since it was posted on a US board is ludicrous at best and insulting to Racer. Using your logic, I could ask a question on a 'Canada only' forum, just because it is!!!!
Answer:
What Halket says makes sense. If you are I were to use
clipart for commercial purposes, we would be duplicating and
thus copying the copyrighted artwork. However, in your
instance, you are not wanting to duplicate/copy/manufacture
the component.
Eventhough patent and copyright laws are somewhat national
in nature; the patent and copyright laws in Canada may be
different from the U.S. Many other laws vary from state to
state, and attorneys usually have a license to practice law
in only one state. This is the reason most attorneys on this
forum want to know where the poster lives.
Personally, I think you asked a fair question. For example,
someone from England said on this forum they received an
e-mail from a U.S. attorney. The attorney's e-mail said the
person living in England (the poster) was infringing on a U.S.
patent.
Even if you do not intend on selling your product in the U.S.,
it will not hurt you to be aware of U.S. and Canadian patent
laws and international patent laws. It is possible the product
you want to make/sell may be infringing on another similar
(patented) product.