Can I sell a product I created from a designer product?
If I take a designer jean and make another product from it for sale, does the original maker of the jean have a claim against me?
Answered By: DANIEL NESBITT
The original maker may have an action against you. Your attempt to sell a jean that is a variation of, but which substantially preserves, the designer's work in the jean, would most likely infringe any copyright, patent, design patent or trademark right of the designer, or rise to unfair competition or misappropriations/conversion of the designer's work. If your modification alters the designer's "design", as opposed to "adding onto" such design, then an infringement might be avoided. You should certainly consult an intellectual property attorney before going too far toward this venture.
Answer Applies to: Ohio
Replied: 9/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Ohio
Replied: 9/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Intellectual Property Center, LLC
If you lawfully purchase a product from someone and use it in the normal way in which it was designed, it is hard to imagine what your liability would be. I assume all of those to be true. Generally, if you make an improvement on something you bought from the owner of any rights, then the improvement would be yours (if you protect it). Hope that helps and good luck.
Answer Applies to: Kansas
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Kansas
Replied: 9/9/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Barton Barton & Plotkin
You probably cannot do this without obtaining a license from the designer of the original product. Otherwise, you might face trademark, copyright and other potential IP claims.
Answer Applies to: New York
Replied: 9/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New York
Replied: 9/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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