Refinishing Another Company's Product (Aesthetics) & Reselling?

[biljohns]

I am wanting to start a company that refinishes new automotive products (paints, textures, etc.) and resells them on a website.
Example:
- Buy "Brand X" alloy wheel (car rim) off the shelf.
- Refinish the product in a finish the product did not originally come in.
- Sell it on my website as "[My Brand Name] [Brand X] alloy wheel".

Is this legal?
I am purchasing the product, so I would technically own the product at that point. I am crediting the original creator. I am not changing the formula of the product. I would think this is legal, but would like clarification.

 

[Michael Wechsler]

Obviously you will need a proper legal consultation with an attorney to get the most correct answer. Here we're just having a friendly discussion about the general nature of your issue. What I'm providing you is a legal insight but not the "legal advice" you'd get from a lawyer who is familiar with all the specific facts and details of your product.

I don't believe that there is any problem on the surface. I'm not sure whether there are any safety guideline when it comes to an automotive product in particular.

In general and with regard to copyright and trademark (which is an issue here), I do know that the "first sale" doctrine generally allows someone to resell an item they have purchased. Here is a post I made a few years ago on the First Sale Doctrine. Typically it applies to copyright but there are also trademark implications and, in this instance, provided it was clear that you did not manufacture the part and that you're not trying to free ride off of the goodwill of the mark holder, I am unaware of any law that prevents you from selling a modified product.

Regarding trademark law, the First Sale Doctrine provides for the resale of trademarked products after the trademark holder places out the products into the marketplace. The "Right of First Sale" is another common variation of the First Sale Doctrine.

 

[disagreeable]

Things like this work much better when you are a distributor with authorization to customize.

 

[biljohns]

Things like this work much better when you are a distributor with authorization to customize.

Is it as simple as calling the company and getting an auth? I am not trying to free ride off the original creator, but I am technically trying to make a profit from resell.