Would this be legal?

[nipster223]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? LA

My scenario is:

"Company A" makes a product that is available on shelves that is used for general purposes in a sport.

"Company B" makes product(s) that are used for a specific purpose, not associated with the sport. To clarify there are many companies like B that make variations of the same product(s). The problem with the B product is that they have a limited life-span and are very costly?

MY IDEA was that by using a process to apply product A to product B the life-span is significantly increased making product B a more feasible product to buy. This also creates product C....MY IDEA
Niether company A or B have ever considered the applications of the process I have invented.

My questions:

1. I would legally purchase product A, but can I repackage/ resell it as product C since Comp. A has already made a profit?
2. If I can do I have to disclose to Comp. A what I am doing?
3. If I can't repackage/resell, then how do I go about using product A without them stealing my idea?
4. How much would product A have to be altered before I could call it my own invention?
5. How could I approach or communicate with either company(s) while being respectful but cautious as it is a business deal?

 

[divgradcurl]

1. I would legally purchase product A, but can I repackage/ resell it as product C since Comp. A has already made a profit?

If you made no changes to the product, no. This is called "reverse passing-off" and is illegal under trademark laws.

2. If I can do I have to disclose to Comp. A what I am doing?

See above. Unless you get permission from A, you can't do it.

3. If I can't repackage/resell, then how do I go about using product A without them stealing my idea?

Apply for a patent on the combination A + B, if it is otherwise patentable. Talk with a local patent attorney or patent agent to determine whether or not your idea is patentable.

4. How much would product A have to be altered before I could call it my own invention?

What are you talking about here? In order to have a new invention, you have to "invent" something new. Now, it could be that your new invention is just a combination of existing products, like A + B -- this may be patentable in certain cases, depending on the exact nature of A and B -- but there is no "formula" for simply modifying an existing product into a new invention. Again, talk with a patent attorney or agent to determine how to patent you idea, or if it is even possible.

5. How could I approach or communicate with either company(s) while being respectful but cautious as it is a business deal?

Tough call. Only you know all of the facts of your situation, so its not really possible to advise you on this in any meaningful way.

 

[nipster223]

Thanks for the information.

Had I read some of the other postings in this forum I would have found some of the answers without bothering you.

None the less I am going to move forward with my idea and have already contacted an attorney for help.
This idea was truly born out of necessity.
Thanks again.