Can I buy a product and use it to make something else and then sell it? 6 Answers as of February 15, 2012I'm starting a business and have bought jewelry at retail stores as well as at crafting stores. I am using it to make an item to be sold that is not used as jewelry. Are there laws against doing this? In other words taking someone else's product and turning it into something else?
DANIEL NESBITT | Hasse & Nesbitt
A patent that claims a specific product, gives the patent owner the right to exclude other persons from making, using, importing, and selling that claimed product. There may be circumstances where the use of a claimed product in making another product is considered a separate and distinct "making" of an article that technically may infringe the patent. In that case, there may be patent infringement. The same would apply to a "trademark", and probably a copyright. I understand that jewelry is often protected under the copyright laws, so you might want to have your new product reviewed by an intellectual property attorney, just to be sure.
Answer Applies to: Ohio
Mark S. Hubert PC | Mark Hubert
That is legal to do unless you are removing parts required by law for safety or necessary to meet EPA regulations. IE you can't buy a car and remove the catalytic converter and sell it. Also you can't buy a book and then use the general plot line or the characters to make another book. This would violate copyright law and be considered a derivative work. If you buy a book the photos in it can't be reproduced and sold or put on a website as you have the rights to own the book not to the individual images. This is a very short answer to a long question but i think you can get the gist of it.
Answer Applies to: Oregon
Barton Barton & Plotkin | Maurice Ross
It depends. It could be argued that you are making a derivative work of someone else's copyrighted or trademarked work, and therefore, you need permission to do this. On the other hand, if your use of the jewelry is "transformative", or if the jewelry is not protected by patent, copyright or trademark law, then you probably can do this legally without permission. Also, if your use might create liability for the manufacturer of the jewelry for product liability, violation of third party rights or otherwise, you may be prohibited from this use. Without knowing the facts and details about what you want to use, how you want to use it, and where you want to sell it, I cannot give you definitive advice. You definitely need to retain legal counsel to advise you if you want to pursue this matter.
Answer Applies to: New York
Law Office of Kirk Buhler | Kirk A Buhler
In general as long as you purchase an item you may modify the item to satisfy other uses. Making, using or selling a product without paying the inventor can be patent infringement. Based upon your description you should be fine. A good example is purchasing dog dishes and using them to make a fountain is fine.
Answer Applies to: California