Legal Question in Business Law in Maryland
Selling a retail item as part of another product.
I paint small die cast miniatures for popular table-top wargames. The problem with earning a living by selling these collections is that you are victim to the "game du jor" and many professional painters end up with warehouses of unwanted "armies" for now defunct game titles.
To solve this problem I have begun painting chess sets and selling them at a profit.
Of the 3 manufacturers of the unpainted die-cast miniatures, only 1 of them told me it was not legal.
The question is: Can I purchase metal figurines from company ABC, paint them myself, combine them with a chessboard, and sell them as a hand painted chess set? Would company ABC have a legal right to insist I cease production and would they be able to request financial compensation from me?
1 Answer from Attorneys
Re: Selling a retail item as part of another product.
You have various issues to consider: 1. Copyright violations? 2. Patent violations? 3. trademark violations? Plus: How would the ABC company even know you're doing anything?
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