Legal Question in Business Law in California

Re: Copy- rite infringment

Technically your question is more about trademarks and patents than it is about copyrights.

The answer depends heavily upon the specific facts, so you should not assume that a generalized answer will apply in your particular situation. Having said that, you generally cannot market someone else's product as if it were your own without permission, even if you are selling it for a different purpose.

You may, however, be able to patent a novel, non-obvious use for an existing invention and thereby gain the exclusive right to decide who can manufacture and market the invention for that use.

This particular idea would not work for your first example, since using tennis balls as dog toys is not novel and is rather obvious -- even to dogs! Assuming for the sake of argument that using a tire as a planter would be considered both novel and non-obvious and that you received a patent, you still would not have the right to market Goodyear's product as your own but you could make (or license others to make) something similar for that purpose.

Before I close, I want to re-emphasize that your rights depend very heavily on details you have not provided. With more information I might conclude that you cannot do this, or I might reach the opposite conclusion. You should probably consult with a patent attorney if you are seriously thinking about doing something like this.

Good luck.

Re: Copy- rite infringment

Most product manufacturers will resist re-packaging of their products as violations of their trademarks under what is called a "dilution" theory, i.e., that their trademark is compromised and devalued when the same product bearing their trademark is re-sold for another purpose.

This is a fairly recent doctrine in trademark law and is still under development in the courts, but you could probably be enjoined from doing what you propose by either manufacturer. Part of the basis of the dilution of trademark theory is that re-use of a product for an unintended use may expose the manufacturer to liability for suits for injuries to your customers (or their dogs).

The principle hasn't been applied to things that are obviously made and sold for re-use in other products, such as bolts, paint, etc.