Legal Question in Business Law in California

Sale of non OEM aftermaket tooling

I have been offering a piece of tnon OEM tooling for sale as ''compatible'' with a specific OEM machine brand. Their attorney has a problem with my selling this tooling and calling it ''compatible'' What should I call it so I don't run into legal issues? The tooling looks and works just like the OEM version, but is less expensive. My customers know it is non OEM, and the OEM trademarked name parts #s, etc do not appear anywhere on the tooling. The OEM has not patented their version of the tooling


Asked on 11/28/08, 4:47 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Sale of non OEM aftermaket tooling

Have an attorney write the other attorney and tell him to Go Pound Sand.

Do not believe anything the other attorney says, run it by your own attorney.

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Answered on 11/28/08, 5:10 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Sale of non OEM aftermaket tooling

Since the attorney apparently hasn't specified a particular legal ground for his client's complaint, I'd say you are being bullied. Have a lawyer write back and ask him to specify what law is being broken. (Answer: probably none.)

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Answered on 11/29/08, 10:52 pm
Terry A. Nelson Nelson & Lawless

Re: Sale of non OEM aftermaket tooling

Based upon your statements, they have no grounds for action against you. Politely tell them to take a hike.

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Answered on 11/29/08, 2:39 pm


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