Is it legal to build a computer by assembling all the components needed and sell the pocket sized computer under a new name? 8 Answers as of April 05, 2013

There's this pocket sized computer. It is like a System Unit of a desktop computer that requires only a mouse, a keyboard and a monitor to operate.

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Banner & Witcoff, Ltd. | Ernie Linek
Yes, unless someone else already did the same thing and obtained a patent on the new device. Likewise, you cannot adopt a new name for the product if that name would be confused with an existing name of the same or a similar device.
Answer Applies to: Massachusetts
Replied: 4/5/2013
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
It depends upon the end product. If the end product is covered under an issued valid patent then you could be sued for patent infringement. All patents are made from an assembly of components. If the assembly is unique the patent office can issue a patent on the unique assembly. If you duplicate the product disclosed in the patent it would be infringement. Let me know if you have any questions in regard to this issue.
Answer Applies to: California
Replied: 4/4/2013
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
Yes but you had better make sure that you are buying these components from a licensed retailer and that they are not sold under a "Not For Resale" agreement. Also I would make sure that none of the products you are buying infringe anyone else's IP rights.
Answer Applies to: Oregon
Replied: 4/4/2013
Law Office of Mathew R. P. Perrone, Jr. | Mathew Roy Patrick Perrone, Jr.
If the computer being built is patented, the answer is NO. If the computer being built is not patented, and the parts therefor are properly acquired, the answer is yes. If no one has trademark on the new name, the new name may be used. To say that the content and subject should not be modified assumes that the information for the subject is complete. In this case, that is not correct.
Answer Applies to: Illinois
Replied: 4/4/2013
Ochoa and Associates
Ochoa and Associates | Susan Ochoa Spiering
yes, provided you do not sell it under a name that is protected, or implying it is under a protected name, or a name that can be confused with a protected name. In other words, you cannot do anything that confuses (or raises a likelihood of confusion in) the public into thinking your new computer is associated with an existing product name. Before starting a business, especially a tech business, where you will invest substantial amounts of money, it is best to speak with an intellectual property attorney and also a business corporation attorney for legal counsel.
Answer Applies to: Texas
Replied: 4/4/2013
    Gerald Walsh | Gerald Walsh
    If the computer you are building and selling is protected by a patent then you may be infringing the patent by building the computer. The name of the computer would probably not be relevant.
    Answer Applies to: Alabama
    Replied: 4/4/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    If you are creating an entirely new product, your proposal would be legal. However, if you are copying most or all of an existing system that is protected by a patent and you don't have a license to do so, you would be infringing the patent or patents and would be liable in federal court for any damages caused to the patent holder/holders. If you've been following patent news lately, you'll already know how pricey patent violations can be.
    Answer Applies to: Nebraska
    Replied: 4/4/2013
    Tran & Associates | Bao Tran
    If you simply assemble components purchased, there is still risk that the assembly infringes a patent, so you should do a patent search before proceeding. Check with a patent attorney to be sure. Also, you should get patent application as soon as you can to prevent others from copying you. This is important as we move into the First to File era.
    Answer Applies to: California
    Replied: 4/4/2013
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