Can I legally paint and then resell a product? 3 Answers as of February 01, 2011

I want to start selling grip tape for skateboards with my company name and logo on them. If I buy a box of 100 sheets from another company can I paint on them and re-sell the sheets individually?

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DANIEL NESBITT | Hasse & Nesbitt
If the grip tape you buy is not covered whatsoever by a patent, you are free to sell. However, a patented product that is purchased, upgraded, and resold may nonetheless infringe the patent right on the base product. I doubt the application of your tradename would be considered an upgrade. Check the package to see if there is a "patent no." or "patent pending" notice (though a patent owner is not required to mark a patent). Avoid reselling if the trademark from your supplier is also on the tape. I recommend you consult a patent attorney to review the details.
Answer Applies to: Ohio
Replied: 2/1/2011
Fish & Associates, PC
Fish & Associates, PC | Robert D. Fish
If the product is protected under trademark law, there may be a problem with reverse confusion. That is somewhat unlikely for a grip tape product, especially recently since the 9th circuit has recently narrowed application of the doctrine. There might also be a problem with some other form of unfair competition, depending on the specific facts. It's probably worthwhile to talk this over with an attorney.
Answer Applies to: California
Replied: 1/31/2011
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
Yes. I assume that you are just putting on your own skateboard company name for advertising purposes. You have no intent to advertise that your company makes the tape.
Answer Applies to: Oregon
Replied: 1/31/2011
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