QLD Fitting My Product to Other Products - Copyright Issue?

[Hoggr9]

I’m wondering if someone can help me here. I have a product I’m currently in the prototype stage with and this product will eventually be used with another product that is on the market. You will need an adapter to fit my product to the applicators already out there. What I am wondering is, will I be able to sell my product and tell the user which applicator will fit someone else’s applicator?

Sounds confusing, so for a hypothetical example:

I am making a new set of skis and to fit other brand's bindings, you will need an adapter, which is sold as a kit with the skis. Furthermore, let's say my skis will be attached to the said companies bindings using a simple standard thread. Can you tell the consumer (people buying my skis) via labelling on packaging, etc., which adapter will fit which brand of binding, or is that infringing on copyright, licensing and or patent laws?

Any help would be much appreciated.

Thanks

 

[Hoggr9]

Can I assume no one on here knows the answer to the question?

 

[Scruff]

I don't see any problem with naming what other brands/products your product is compatable with - as long as you don't use their logos etc unnecessarily.

I look at it this way - if you go to Supercheap Auto to buy a windshield for your car, then unless they state which models the windsheild fits, how would anyone know which one to buy?

 

[Hoggr9]

Yes, I guess that’s a point. I have previously read as long as you aren’t using their logo to make a profit. I think I’ll do some further research to clarify 100% exactly what is and isn’t allowed before going much further.

Thanks, Scruff

 

[Scruff]

Another thing to remember is that if you know that your product is only compatible with certain other products and you don't disclose that information, then you would be misleading the public and therefore be in breach of the ACL (misleading information regarding fit for purpose).

Another example - generic ink cartridges for printers always name the compatible brand, model and OEM cartridge part number.

 

[Hoggr9]

I don't see any problem with naming what other brands/products your product is compatable with - as long as you don't use their logos etc unnecessarily.

I look at it this way - if you go to Supercheap Auto to buy a windshield for your car, then unless they state which models the windsheild fits, how would anyone know which one to buy?

Another thing to remember is that if you know that your product is only compatible with certain other products and you don't disclose that information, then you would be misleading the public and therefore be in breach of the ACL (misleading information regarding fit for purpose).

Another example - generic ink cartridges for printers always name the compatible brand, model and OEM cartridge part number.

So it could hardly be a breach if it's something you must disclose by law. I'll be sure to clarify before investing into this idea too deeply.

The first step once the final design is locked in will be to find a good attorney to protect both the product and myself!

 

[Scruff]

So it could hardly be a breach if it's something you must disclose by law.

I wouldn't go so far as to say that you must disclose by law, but if the nature of your product is that there are restrictions on how it can be used and you don't disclose that information, then you could be leaving yourself open to a claim of misleading and deceptive conduct.

If we come back to the generic ink cartridges, if the manufacturers don't state what the compatible brands and models are, then some dumbass will undoubtably come along and report them, claiming "well unless they tell me, how am I supposed to know that this 3 inch 4 colour cartridge doesn't fit the printer that I pulled this 2 inch 3 colour cartridge out of?"

That might sound a bit extreme, but unfortunately, it's exactly how far too many people behave these days.