Say, theoretically, you're fedup with paying £50+ for a product which doesn't last that long (not due to manufacturing or design issues), how do you stand with regards to using it to make a buck then creating your own?

The item I'm theoretically referring to is similar to the Tillett chain guard for a Rotax Max.


Chain Guard

Given that it actually needs small modifications in order to fit my requirements, how would I stand if I modified theirs, then used it to make a buck, then made my own, for my own use?

Given it was modified from their design, I'm guessing that it would also be possible to sell them? Or as it was based on theirs would that be an issue?

Feedback appreciated.

ta
Chris

[Edited on 2/11/07 by the_fbi]

My understanding is that if you copy it for your own use then there is no problem, but if you sell it then you can have big problems.

Alternatively, if you change the design by > 10% it becomes your own design and you can sell to your hearts content..

I stand to be corrected though

I'm not a lawyer, but I've done too many IP courses over the years.

My understanding is you will be fine as you cannot protect functional parts of a design. So long as your guard doesn't copy any aesthetic areas (can't see anything beyond the label) it shouldn't be a problem.

However it's a bit cheeky pulling a mould off their part, looks a simple enough shape that you could make your own buck in an evening or two anyway.

I think the shape is generic enough for you to be okay....

At the end of day the legalities are niceties. If a big company wants you to stop making "its" parts it'll take you to court in a process so expensive that you won't be able to actually get as far as court....

It's happened time and time again in the kit world... Just bullying companies....

If there is a patent on it then you would get in trouble but as it is a chain guard and has no new innovation from a chain guard for a bycycle or numerous other applications for the last how many centuries I can all but guarantee they haven't got a patent. No other rights are applicable on a functional item such as this other than trademark and I assume you wouldn't be marketing it as a Tillett chain guard. I would say you can safely copy it for any purpose.

If you are changing the design I don't see a problem, especially if you don't document your design source on the internet forums

I guess you have to get caught first. Just dont publicise it on a public forum etc before hand and you should be OK.

You will be fine.

Unless there are patents covering the design which I doubt very much then you ca only then get got for a registered design. Even if they have a registered design you would have to sell them to infringe. If you do sell them and you are an exact copy then I am sure you can prove prior art with a chain guard.

I have some reasonable experience in this field and have been in front of quite a few patent lawyers etc!

Steve

Cheers for the feedback.

So, who's a good buck maker

Ah .... everybody will make a fast buck if they can - but a good one is harder to find