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29 Jul 2012
By owenp185

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Is reselling a product as something else illegal?

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I am currently looking into this but I figured I would see what you lot think especially consider UK law will probably br different from most article info I come across. So would it be legal to buy an item made by a different company, then re-sell that item as part of my own product (a kit with other items)? I cannot really go into to much detail about my idea otherwise everyone would probably do it providing it is legal :Lol:. 

 

Basically a company sells a basic generic item for £15 to do a specific task. I buy it then sell my own kit with a few other items along with the generic item which I could potiential sell for £100. I just want to resell a cheap item as something totally different which is worth a lot more though the item is essentially the same and with other items that are my own. 

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Gawge

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Before you think that you have stumbled upon an amazing new idea - there is already something called a hamper.
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It's legal but depends on what and how. Food for example can be bought locally from a supermarket, then cooked as "made from local ingredients" for a higher price in a restaurant.
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Gawge wrote:
Before you think that you have stumbled upon an amazing new idea - there is already something called a hamper.


Well it is not a hamper :lol:, the product is specific and the only competition sells from around £100 to £400. All I need is this one item which is being sold as something tottaly different, they could litterally change its name and sell it for a lot more. :P

 

 


EdwCarnby wrote:
It's legal but depends on what and how. Food for example can be bought locally from a supermarket, then cooked as "made from local ingredients" for a higher price in a restaurant.

 

The item is an everyday object you find at home, the company sells it for use in Kitchens but it could potientially be used as an object very unique and would not require any enhancments just a name change. I have contacted the company who sell a really stylish version of what I am after to see if I get permission but no reply yet.  

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InfiniteStates

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I don't think it would be illegal to resell something, but you might be in trouble if you try rebranding it.

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Before changing a product.

 

Check if the're Patents or Patents pending included with in the product you're gonna change.

Check Trademarks on the product you're change

and always ask permission, from the company on who's product you're gonna change

There could also be a large one off fee or you'll have to pay them shares of the profits you'll recieve which you'll need to pay the company if you're changing or including their product within your own.

 

So OP what ya doing that warrents the question you're asking?

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its impossible for us to know.

 

the difference between product a and b might be small but might also be something that is patented.

 

For example, all toy helicopters are patented, if you bought one and took the body off and put another body that was simillar to another makers you would be taken to court very quickly.

 

Or if you made a bundle kit to make your own ps3, youd be shut down pretty quick even though you could buy all them parts and build one yourself etc etc.

 

If someone is making 90 sterling profit on something, expect them to protect their idea. If patent lawyers get involved then even if you legally have a right to do it you wont be able to, the cost of proving you have a legal right to do it will probably run into the millions.

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I would say from what OP wants to do, it's probably illegal. He's wanting to make money on top of it, so they wouldn't allow it.

If you were giving this "hamper" away for free, then they'd have no problem, it's money out your own pocket. What you're doing though is selling this in another kit and branding this as your own kit, so they're not gonna allow that.

I'm just going with common sense. I know nothing of the product/copyright law.
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Не верь, не бойся, не проси


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xElfenLied_US wrote:
I'm just going with common sense. I know nothing of the product/copyright law.

 

You can patent a new use for existing technology. In the UK it has to be "non obvious" to an expert in the field, however patents do get passed even though obvious and you need to challange them in court to then get them thrown out which costs money.

 

So their could be a patent in place for using exsisting stuff in the way he wants to, on the flip side if there is no patent in place he can go for gold, but as soon as others spot it the market might be flooded with people doing the same.

 

Thats business though.

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owenp185 wrote:
The item is an everyday object you find at home, the company sells it for use in Kitchens but it could potientially be used as an object very unique and would not require any enhancments just a name change. I have contacted the company who sell a really stylish version of what I am after to see if I get permission but no reply yet.  


And who will you be marketting this product to? Ann Summer? :)

 

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EdwCarnby wrote:

owenp185 wrote:
The item is an everyday object you find at home, the company sells it for use in Kitchens but it could potientially be used as an object very unique and would not require any enhancments just a name change. I have contacted the company who sell a really stylish version of what I am after to see if I get permission but no reply yet.  


And who will you be marketting this product to? Ann Summer? :)

 


I assumed Turkey basters were for a bit of a niche audience.

 

Not very often you use one is it.

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Egg whisk = Alien gun?
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If you think it is going to be that profitable it might be worth getting in touch with a solictor that knows about patents, trademarks etc. It will cost but it might be worth it in the long run to check it's ok and go ahead with making money, or not because you will get sued.

Without telling us we can't help you but I fully understand why you wouldn't want to put it on a public forum, and 95% odd of people would be guessing. With a solicitor you can do it all confidentially.
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michelle_tabor wrote:
Without telling us we can't help you but I fully understand why you wouldn't want to put it on a public forum


Indeed, and I'm guessing it's either to do with large vegetables or plastic cooking utensils.

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E-Mail Mr Sugar.

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I wondered how long it would take for some of those comments lol, to be honest I could probably just market my kit seperatly so I am starting to think that is the best option. If I sell all my own items in a box with my branding and add the companies product to my own pack I am guessing that will be ok? If it does become a success I could always find a proper company to manufacture what I am looking for. 

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To be honest, we can't actually help you, because we don't know what the product is and we don't know what the brand is, and it'd be nice to know what kind of kit you're actually trying to sell.
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Не верь, не бойся, не проси


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No one can tell you without knowing the idea.

 

Building a replica ferrari isnt illegal, selling a replica ferrari can be, selling a builders kit isnt illegal as long as it has no ferrari logos on it (depending on the ferrari car)..

 

Just use common sense on it. If you believe you have found an honest gap in the market, then you probably have. If you believe you have found a way to be a rip off merchant, then judges will probably see you as that if it ever goes to court.



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Going from a few lectures I had on patent law a bit over a year ago, if you've thought of a novel use for something that already exists, you could patent that use, which would help you. You're better off making the device/object yourself, but if that isn't an option you could use one made by someone else. If you made it obvious that you're reselling an unmodified item made by a specific manufacturer, then it's probably legal. If you modify it or attempt to pass it off as your own creation, then it's illegal.

 

Having said that, it's very difficult to say anthing with much certainty without more details of what you're doing.

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