Manufacturers/engineers/lawyers Help Required Please

[_HOME_BREW_WALLACE_]

Hey folks,

I have been cracking away with some serious thoughts in the last 2 months. Before i start thinking anymore into this venture i need to ask if anyone knows the laws on modifying someone else's product and re-badging it as my own.

Completely irrelevant example:

I was to buy a cheap ****** car from china, usa, ect Import it to Australia and entirely change the runnings of the car. Give it a more powerful engine, make it handle, perform and stop better, FWD to RWD...... ect, (you get the picture.) and rebadge it the "wallaceinator" and sell it for profit.

Surely i would have to pay the OEM some sort of royalties for using their product as the base for mine? Yes/No?

 

[WarmBeer]

The "Wallaceinator". You just know it's gonna sell...

 

[newguy]

If your business revolves around vehicles, there shouldn't be any issues at all. I've seen/heard of many examples of custom vehicle shops that buy an ordinary "abc", basically strip it, rebuild it, and sell it as a "custom abc". This is an extreme example. Once you buy something, it's yours to do with as you please. As long as you don't alter the frame/crumple zones (and to an extent the suspension so as to impact the crash test behaviour), you're golden.

If your business idea revolves around something other than vehicles, then I believe that it may get more complicated depending on what you want to do. I know that I can buy an ordinary Acer/HP/Toshiba laptop, load custom software on it, and sell it bundled with custom hardware as something else entirely. The biggest issue is with warranty repairs. Once you modify something, you're responsible for fixing it, not the original manufacturer.

 

[_HOME_BREW_WALLACE_]

If your business revolves around vehicles, there shouldn't be any issues at all. I've seen/heard of many examples of custom vehicle shops that buy an ordinary "abc", basically strip it, rebuild it, and sell it as a "custom abc". This is an extreme example. Once you buy something, it's yours to do with as you please. As long as you don't alter the frame/crumple zones (and to an extent the suspension so as to impact the crash test behaviour), you're golden.

If your business idea revolves around something other than vehicles, then I believe that it may get more complicated depending on what you want to do. I know that I can buy an ordinary Acer/HP/Toshiba laptop, load custom software on it, and sell it bundled with custom hardware as something else entirely. The biggest issue is with warranty repairs. Once you modify something, you're responsible for fixing it, not the original manufacturer.

Just so we are all on the same page here, i'm not re-building cars...... But i'm glad people know what i'm talking about

 

[Silo Ted]

Yay, another BrauClonester !

 

[yardy]

gday wal,

if indeed it is some 'badge engineering' of a braublurter that you're considering, i don't think it would be worth the hassle, although a 2V system based around the brau is another thing altogether :icon_cheers:

cheers

 

[Silo Ted]

gday wal,

if indeed it is some 'badge engineering' of a braublurter that you're considering, i don't think it would be worth the hassle, although a 2V system based around the brau is another thing altogether :icon_cheers:

cheers

My last post was a stir. I think he's talking about computer stuff.

 

[brettprevans]

Apple v samsung. Should answer ur question.
patent laws r strict

 

[_HOME_BREW_WALLACE_]

My last post was a stir. I think he's talking about computer stuff.

Apple v samsung. Should answer ur question.
patent laws r strict

No, nothing to do with computers, cars, or bloody braumiesters! more towards mining/earthmoving/ect
I have asked this question on another forum (unrelated to homebrewing) and get similiar answers, so i'm gonna look a bit further into it.

 

[brettprevans]

Its about prooving u came to the design on ur own accord. Esp if ots a technical invention/design. Soeak with a payent laywer. They will explain it. Its a technical subject.

 

[seemax]

Soeak with a payent laywer. They will explain it. Its a technical subject.

Take your platinum AMEX... and tell them to talk fast, reeeeeal fast !

 

[brettprevans]

Take your platinum AMEX... and tell them to talk fast, reeeeeal fast !

Yup. Een thete done that. But if ur serious, theres no substitute.

 

[pk.sax]

If you "BUY" every single piece of equipment that you will further modify and rebadge from the OEM, you have no problem. You've already paid your 'royalty' by purchasing each working piece. If however, you were to copy the design of something to build the base product yourself, that will land you in trouble, based on if the original product was a proprietary/patented design.

Think of it in terms of what you are doing to their sales. If you buy one unit of theirs for each unit of yours that you make out of it, that's a no brainer, they love you. If however, you went to the factory that makes their base components in china and started buying bits directly, it might infringe on their designs and cause them lost revenue, u will be in hot soup. Sometimes, you can drive a commercial agreement to buy the barebones product from the OEM at factory price with no/limited warranty. This makes them money, less than otherwise but still. It all depends on how big the market is how capable of finding an alternate to their barebones they think you are.

Another possibility will be the manufacturer concerned about you hurting the reputation of their product by association with a half baked product. They might force you to obscure any evidence of their badging and hide the fact that their components quality is reflected in your product.

I know that when we get aircraft OEMs to release us permission to manufacture to their drawings hard to obtain parts we are shacked by an agreement that prohibits selling those components. It's all about protecting the bottom line, keeping customers happy and protecting the company's image.

 

[Maheel]

i have a mate who is a intellectual property / copyright / Cadbury vs Darrell type lawyer
when i say mate, we just spent a weeks family holiday with his family and he drank my brew .....

he's still on holiday, maybe he would look at an email from me about it ?
cannot promise you anything


just sent you a PM

 

[komodo]

Pretty sure that you cant sell your product on the benefits obtained from the "donor" product(s)
Once you work it all out Id also be speaking with the "OEM" about a stripped down version.
I know we arent talking about cars but for example GMH "sell" an OEM version of their commodore to HSV because part of their QA system requires the car to have all bumpers etc when it leave the GMH factory so they put on a basic bumper which is then replaced by the fancy body kit at HSV and the basic bumper is returned to GMH and recycled/reused. This keeps the cost down for HSV but still allows GMH to comply with its QA systems and because of the reuse/recycle component it prevents waste (well some waste any way)
I think the other thing is that I dont think HSV vehicles can mention that they use the GM motor - i think instead they have some blurb about it being a "HSV enhanced 6L Alloy V8" rather than making reference to the LS2 / GenIII /GM etc. I think the loop hole then comes in when they are "HSV Enhanced" vehicles rather than "HSV vehicles". Like GTS is a HSV vehicle so you cant get a Holden GTS - All GTS' are HSVs but you can get a Holden SS and you can get a HSV Enhanced Holden SS. That said I could be dreaming this all up - but it seems to ring a bell from doing a tour of the HSV factory a few years ago.

 

[yardy]

No, nothing to do with computers, cars, or bloody braumiesters! more towards mining/earthmoving/ect

i've built 2 draglines, a stacker reclaimer and about a dozen trays for australias biggest dump trucks, lets go into business

 

[Malted]

Forget it, it's a dumb idea

 

[Ducatiboy stu]

If you where to make something out of various parts, then you should have no problems.

Think of a Truck

It has a caterpillar motor, eaton gearbox, dana diff, bosch electricals and is called a Kenworth...

I know a bloke who manufactured drilling rigs from various parts and sells them under his own name