Using a product for another purpose - IP

[Neptune2k]

Hi there, I’ve got a few questions about IP I was hoping someone could shed some light on please?

I’m planning on making and selling ‘brake disc clocks’ where the discs will be bought from a motor factors and will be a well known brand. I’m planning on modifying the disc by changing its colour, removing the manufacturers brand name and adding a clock mechanism. Would I be infringing and IP laws by doing this considering I’m using the discs for a different purpose?

Also, does it matter that the brake discs are aftermarket or OEM parts and would this cause problems with the original car manufacturer as well? Should I contact the manufacturer to get approval first?

I’d only be looking to sell them in the UK, so not too worried about other countries. Any help is much appreciated, thanks.

[AndyJ]

Hi Neptune,

The first thing to say is that copyright is not involved in what you want to do. Manufactured products such as brake discs are not protected by copyright. The nearest applicable legal regime would be design right, but that only covers activities such as making replicas of existing products, and you are not proposing that. Nor are there any trade mark issues as, firstly you intend to remove all the existing branding, and secondly, you would not be selling your products in competition with those branded products for their original purpose.

On that basis I can see no legal barriers to what you want to do.

[Neptune2k]

Many thanks for your reply, very insightful.

So going by what you have said it’s unlikely the brake disc manufacturer will have an issue with me buying their discs because we are using them for another purpose?

[AndyJ]

... it’s unlikely the brake disc manufacturer will have an issue with me buying their discs ...

That's correct.