I am not sure, but if they're not making it anymore, and you've changed it around, it might be alright.
It'd hard to say either way, not knowing what the product is.

 

I don't *think* it's a problem given that you changed it to suit yourself. I mean it's like how many ways can you make a diaper? They all are some sort of "copy" from each other because the basic design always needs to be the same. People just tweak it to suit their likes and dislikes and have a diaper slightly different from everything else. I see your situation is similar.

 

I wanted to add that they haven't offered this product in over a year.

 

I have always thought it you changed something (even VERY slightly) it was o.k. to start producing. Even a 1/4" difference in size makes it a different product from what Ihave seen/read.

 

Oops I didn't know I had responses!

I don't want to break the rules by saying what I make, but here's the best diaper analogy. Say a big company makes a diaper cover with an embroidered fish design. They quit making it altogether. I love the fish design and the cover, so I start making them, only I use a different material and I paint it instead of embroidering it. I change the colors and I make the fish striped instead of spotted, but I use the same coral design.

 

Maybe I should just ask the company what they think. I would love to advertise here, but I am afraid that if I tick someone off they'll try to get me in trouble (since I am a mod, I get lots of opportunities to tick people off).

 

Quote:

Originally Posted by laralou Maybe I should just ask the company what they think. I would love to advertise here, but I am afraid that if I tick someone off they'll try to get me in trouble (since I am a mod, I get lots of opportunities to tick people off).

: It can't hurt to ask.

 

you can email me with specifics. My dh is a patent atty. He could probalby do a quick patent search and make sure there isn't any infringement. He's cool like that.

hayeswj at bellsouth dot net

 

Hey, I was just thinking that I should call your dhubby! I think it would be awfully dumb to ask the company now that I am thinking. I know your email silly!

 

You would have to be making enough money selling a "copy" of something for it to be worthwhile for the company to persu stopping you. We own a manufacturing company & hold many pattents, and we rarely have to do this, even though about 50 people infringe on something each year. Even having an attorney write a letter telling them to cut it out is a few hundred dollars. I doubt if you're just selling locally that it'll ever be a legal issue. Ethically, that's something you have to work out. Wouldn't bother me at all because they don't even make it anymore.

 

Ethically it doesn't bother me either. And I haven't made enough money for them to care. I just feel nervous- every so often people comment, oh, that's just like XYZ Company. I think I have to make a profit of $2500 before I could be sued, which hasn't happened yet.

I did start selling them when they were still selling them but I only sold a twin version whereas their product was for a single child. Now that they quit selling, I went to selling single ones also.

 

Well, the verdict is in. I am totally safe selling them! Yippee! So as soon as my dh helps me get the website straightened out, it'll be in my sig!

 

Hmmmm... really wondering what this thing is now, you've sparked my interest.

 

Yeah, no kidding! Can't you tell us if we ask? I mean, it's almost torture :LOL

 

Yeah, yeah.. what she said.. torture...

So... ok, I hereby authorize you to spam me... is that ok???? LOL

 

I'm not sure if I can say here. Not good for a mod to break rules

. I'll let you know though!

 

Let me see if I can get the site up first.

 

:

 

Ok I just set up a picturetrail account because it is going to take awhile to get the website back up (we are swapping hosts etc). I don't have time to load all the pics. Someone just went into labor 3 weeks early and I'm not done with her stuff!

Edited to remove link. OOPS! And I am a mod

 

It is now in my sig.

 

Very nice.... I might have to have some of those for my kids!!!