Can I sell a product enhancer
Can I sell a product enhancer
I want to create a physical item which adds a new functionality to an existing branded item. As an example, one could create an item which improves the experience of using a Britta filter. Would I be able to sell such a 'product enhancer' legally without asking for Britta's permission? To clarify, the 'product enhancer' I would sell would be on its own (I am not selling the Britta filter as part of the product I am selling) and the 'product enhancer' would only work by fitting it on a Britta filter specifically.
Re: Can I sell a product enhancer
Hi Bogracs and welcome to the forum,
It's important to identify here which intellectual property rights might be involved in your product. Copyright is not one of them. They are primarily design right and trade mark rights.
There is no issue with an item which modifies an existing item provided that it does not incorporate any part of the design of the original item. This is assuming that the original item is made to a registered design, which will be the case with most consumer items, eg the shape of Brita filter jugs etc.You are permitted to make a separate item which is designed to fit or attach to the original item, and this facility is frequently found in third party replacement parts for things like cars (see section 7A (4) and (5) of the Registered Designs Act 1949).
The second and possibly more important thing you need to beware of is to not infringe any trade marks associated with the original item. So taking your example, you would need to advertise your product as being an enhancement of a Brita product, but you must make it very clear, that your product is not made or marketed by Brita SE, and in addition, you should only use the original product's trade mark descriptively. So for instance, if the original product you wish to modify is sold under a graphic logo trade mark, avoid using the logo itself in any advertisiing and just use the product's name in an ordinary typeface.
I hope this answers your question.
It's important to identify here which intellectual property rights might be involved in your product. Copyright is not one of them. They are primarily design right and trade mark rights.
There is no issue with an item which modifies an existing item provided that it does not incorporate any part of the design of the original item. This is assuming that the original item is made to a registered design, which will be the case with most consumer items, eg the shape of Brita filter jugs etc.You are permitted to make a separate item which is designed to fit or attach to the original item, and this facility is frequently found in third party replacement parts for things like cars (see section 7A (4) and (5) of the Registered Designs Act 1949).
The second and possibly more important thing you need to beware of is to not infringe any trade marks associated with the original item. So taking your example, you would need to advertise your product as being an enhancement of a Brita product, but you must make it very clear, that your product is not made or marketed by Brita SE, and in addition, you should only use the original product's trade mark descriptively. So for instance, if the original product you wish to modify is sold under a graphic logo trade mark, avoid using the logo itself in any advertisiing and just use the product's name in an ordinary typeface.
I hope this answers your question.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Re: Can I sell a product enhancer
Hi AndyJ,
Thank you for your detailed and much appreciated explanation! I might have a follow-up question later down the road but for now you have answered my question.
Thank you for your detailed and much appreciated explanation! I might have a follow-up question later down the road but for now you have answered my question.