Like-for-like replacement products - Legal/Patents

[SeanMeehan]

Hello all, This is my first post to the forum!

I’m looking to start a business producing a supplementary item that retrofits an existing product. I’m looking for some guidance around the legals/patents/copyright of it all.

I can’t discuss the product ‘itself’, but I can provide a very good example as a metaphor –

If you think of Epsom/HP printer for domestic use, and how you’re committed to buying their branded ink cartridges. Well my idea is ‘like’ manufacturing similar items to their own cartridges, supplied from China, that can be retrofitted to their existing product range.

Clearly the manufacturers are going to be frustrated if their main income stream (from these replacement cartridges) is going to reduce, because we all know they do a good deal initially on the main product to ‘hook you’ in, then charge really high amounts to keep that product working.

So really, my question is – is it legal to manufacture items that I will advertise as being ‘compatible’ with their branded products?

(I would just like to confirm; I am not planning on selling ink cartridges for domestic printers, and was just using this as the most similar metaphor!)

Thank you in advance,

Sean.

[Victor Leigh]

Off-hand I would say that compatible doesn't always mean copyright infringement. Of course, if the compatibility goes all the way to having the same shape, size and color, then it would become a counterfeit instead, which is illegal. I have seen refill inks sold on the market as compatible to the original products. Their packaging is totally different from the original products so no one is misled into thinking that they are buying the original product at a lower price.