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[QUESTION] Reselling a patented gadget

Discussion in 'Making Money' started by plojhy, Feb 22, 2015.

  1. plojhy

    plojhy Junior Member

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    Hello,

    recently I came across to a pretty handy gadget which, I believe, might have a big potential which hasn't been met yet by the inventor.

    I found it also on alibaba.com for a fraction of the actual price and I have to capabilities to promote it hugely. However, it is a patented product, so I was wondering - can I just buy the product and resell it without knowing the actual inventor? Or are there any obligations such as stating, that I am not an inventor of this gadget, but merely just a reseller?

    I am no US citizen neither ever had anything to deal with patents so I have no clue how this stuff works.

    To make long story short, I want to resell that stuff, but don't want to get in any legal trouble - so how could this "reselling" can be done "legally"?


    Cheers, Plojhy
     
  2. Letstalkbusiness24

    Letstalkbusiness24 Junior Member

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    Well as much as I know patented is done on a machinery or a document or a softcopy, but not on reselling.
    Trademark is required to stop reselling etc.
     
  3. plojhy

    plojhy Junior Member

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    Sorry, I meant trademark. As I said, my knowledge are pretty limited in this field.

    So, for me, it means, that I cannot resell it without their permission, or at all?

    Also, I can get that gadget without any labels or trademarks on it - just blank color, does that mean I can sell it freely?

    Lastly, the manufacturer on Alibaba states it is OEM product, therefore I should be able to resell or perhaps even white-label it myself?

    Thanks for help in advance, buddy
     
  4. kbklash

    kbklash Senior Member

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    I'm not sure,how things work in your country.In my place,you need proper tax documents as an authorized reseller/manufacturer to sell an item for money.You can't give the buyer any VAT bill or product warranty (legally) unless you have all these documents.
     
  5. jumbo1

    jumbo1 Junior Member

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    Do you mean that this gadget is being RE-produced in China, while the original is patented in the US for example?
     
  6. plojhy

    plojhy Junior Member

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    The original product is trademarked, perhaps also patented in the US.

    And the product, which is being sold in the US is being manufactured in China as well as its unbranded "clone". My point is to create a fundraising campaign and gain some popularity via that, therefore the potential customers will be from all over the world, including the US.

    There have already been several of these campaigns. For example, one of them offering some kind of mini router, which provides you complete safety and anonymity on the internet by sending all data via Tor or something. Actually, those gadgets are just regular mini routers from Japan with adjusted firmware in order to broadcast all internet communication via Tor. So these guys are also reselling something already existing and adjust it a little. So why couldn't I do the same, without the adjusting part?

    If I would focus solely on my country I would not care at all :D
     
    Last edited: Feb 22, 2015
  7. neu009

    neu009 Senior Member

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    Ask yourself can I sell cheap "OEM" Nikes even without their symbol but still exact same design? Let's be realistic the OEM product is more than likely a ripoff, as we all know that's what's going on a lot on alibaba. For me, it sounds as you do not just want to resell but make this your product since the inventor might not be a marketer.Patent/trademark might just be for the US so he could sue you there, but depending where you live you could just get away with it. Overall patents are to prevent people from selling an "OEM" version with the same features. Trademarks would prevent you frm using the product/brand name in your marketing efforts.

    Just my 2 cents for legal advice consultant an attorney.
     
  8. plojhy

    plojhy Junior Member

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    I do not care if I claim the product mine or use their trademark as long as it is legal enough to make money out of that. Theoretically, OEM would mean, that they have a contract with the actual manufacturer/inventor which gives them rights to resell their product, or am I mistaken? The truth is different though, we all know that.

    There must be some way, otherwise there won't be those successfully funded campaigns with that adjusted Japanese mini router - btw. they independent guys create the campaign, so not only they used the mini router and adjusted it, but they also stole the idea from one another.

    Also, who can tell if that company didn't just buy that product and branded it as theirs?

    EDIT: They also offer dropshipping - perhaps, somehow I could hide behind that?
     
    Last edited: Feb 22, 2015
  9. jumbo1

    jumbo1 Junior Member

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    If it's trademarked in the US, you cannot sell the Chinese fake there... This is not an "unbranded clone", it's a counterfeit..

    However you can safely sell it in any other country where it is not trademarked...
     
  10. plojhy

    plojhy Junior Member

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    Just a thought. How can I know it is truly trademarked? What if that enclosed R is just to scare off people like me? :D
     
  11. jumbo1

    jumbo1 Junior Member

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    If it's being sold in the US under a brand name, you can be sure it's trademarked... No company is dumb enough to sell it without registering the brand...
    Same goes for Europe..
     
  12. aprilmay

    aprilmay Junior Member

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    I say ask Google, "She" knows All. :)
     
  13. YourMoneyButton

    YourMoneyButton Senior Member

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    A surface patent search is only like $500 from a competent lawyer. Why are you asking us?
     
  14. plojhy

    plojhy Junior Member

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    I have been searching google since morning and just came to my last question: What if some trademark is unregistered (little TM letters), there is virtually no protection against other companies selling your product unbranded I believe, or am I mistaken? Opinions differ widely as some say you are protected just like with R, but takes more proving by the court, while other say you are only "protected" on local scale (your city/state) and you are more securing your slogan/design/logo rather than particular product.

    If someone could shed some light on this TM thing I would be really grateful.

    Cheers ^^