Again, I have stopped all selling of the actual items I was asked to stop and will only allow an in person attorney with a opinion letter to tell me I can start selling again. In the meantime, my reearch has lead me to this point. Also, for more context the items are purchased at retail prices without contracts.
Taking an electronic cable box, removing the hard drive and replacing it with a larger hard drive would not be considered a "material difference"? All the parts and the unit itself are being used as was designed for and in the same manner as was expected them to be used for. Given that there is no material difference so First Sale doctrine holds with respect to this. Contextual problem?
First Sale Doctrine provides that no authorization is needed to sell the item. So, claiming the selling of "unauthorized" goods is baseless. Contextual problem?
Taking pictures of the product that is for sale without altering the trademarks/logos is not trademark or copyright infringment. Contextual problem?
Lanham Act, which provides that fair use is established where "the use of the name, term, or device charged to be an infringement is a use, otherwise than as a mark, which is descriptive of and used fairly and in good faith only to describe the goods or services. Regardless whether the protected mark is descriptive, suggestive, arbitrary, or fanciful as used in connection with the product or service covered by the mark, the public's right to use descriptive words or images in good faith in their ordinary descriptive sense must prevail over the exclusivity claims of the trademark owner. This tells me I can use the company name, product name and brand name as a descriptive in my ads regardless of what company x would have me believe. Contextual problem?
So far I have the following:
- I can modify the item.
- I do not have to be authorized by company x to sell the item.
- I can take pictures of the item for the ad.
- I can use their company name, product name, brand name and even the equipment facts as defined and retyped by me in my ad.
- In the ad, making sure that consumer udnerstands that I am not company x and that the mods are not performed by company x.
My conclusion is that I am legally able to buy it, modify it, advertise it and sell it.
What are my specific obstacles that I am missing?
I can list only 1 so far and I still have no idea. Would a Patent of item x stop me? Doesnt all electronic items have patents and could a cable box, that has a hard drive, have such a patent that keeps me from swapping hard drives and reselling them? The chips probably have patents and maybe not even from company x for that matter. The hard drive does but company x does not own that patent. Can someone explain this part with examples so I can wrap my mind around it?