Fitting my product to other products already on the market

Discussion in 'Intellectual Property Law Forum' started by Hoggr9, 25 November 2019.

  1. Hoggr9

    Hoggr9 Active Member

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    I’m wondering if someone can help me here. I have a product I’m currently in the prototype stage with and this product will eventually be used with another product that is on the market. You will need an adapter to fit my product to the applicators already out there. What I am wondering is will I be able to sell my product and tell the user which applicator will fit someone else’s applicator.

    Sounds confusing so for a hypothetical example:

    I am making a new set of skis and to fit other brands bindings you will need an adapter which is sold as a kit with the skis. Furthermore lest say my skis will be attached to the said companies bindings using a simple standard thread. Can you tell the consumer (people buying my skis) via labeling on packaging etc which adapter will fit which other brand of binding or is that infringing on copyright, licensing and or patent laws??

    Any help would be much appreciated.

    Thanks
     
  2. Hoggr9

    Hoggr9 Active Member

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    Can I assume no one on here knows the answer to the question?
     
  3. Scruff

    Scruff Well-Known Member

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    I don't see any problem with naming what other brands/products your product is compatable with - as long as you don't use their logos etc unnecessarily.

    I look at it this way - if you go to Supercheap Auto to buy a windshield for your car, then unless they state which models the windsheild fits, how would anyone know which one to buy?
     
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  4. Hoggr9

    Hoggr9 Active Member

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  5. Hoggr9

    Hoggr9 Active Member

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    Yes I guess that’s a point, I have previously read as long as you aren’t using their logo to make a profit. I think I’ll do some further research to clarify 100% exactly what is and isn’t allowed before going much further.
    Thanks Scruff
     
  6. Scruff

    Scruff Well-Known Member

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    Another thing to remember is that if you know that your product is only compatible with certain other products and you don't disclose that information, then you would be misleading the public and therefore be in breach of the ACL (misleading information regarding fit for purpose).

    Another example - generic ink cartridges for printers always name the compatible brand, model and OEM cartridge part number.
     
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  7. Hoggr9

    Hoggr9 Active Member

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    So it could hardly be a breach if it's something you must disclose by law. I'll be sure to clarify before investing into this idea too deeply.
    First step once the final design is locked in will be to find a good attorney to protect both the product and myself!!
     
  8. Banani Pal

    Banani Pal Member

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  9. Scruff

    Scruff Well-Known Member

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    I wouldn't go so far as to say that you must disclose by law, but if the nature of your product is that there are restrictions on how it can be used and you don't disclose that information, then you could be leaving yourself open to a claim of misleading and deceptive conduct.

    If we come back to the generic ink cartridges, if the manufacturers don't state what the compatible brands and models are, then some dumbass will undoubtably come along and report them, claiming "well unless they tell me, how am I supposed to know that this 3 inch 4 colour cartridge doesn't fit the printer that I pulled this 2 inch 3 colour cartridge out of?"

    That might sound a bit extreme, but unfortunately, it's exactly how far too many people behave these days.
     
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    #9 Scruff, 5 December 2019 at 7:56 AM
    Last edited: 5 December 2019 at 8:02 AM
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