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Manufacturing Rights for a Non-Patented Item
Posted by . updated on 4/3/2002
I am a college student, performance magician, and owner of a very small on-line magic retail shop. I have been approached by another magic shop owner and manufacturer who offered to sell the exclusive manufacturing and sales rights to an item he invented and currently manufacturers and sells. This item is NOT patented, as most marketed magic tricks are not. First, are manufacturing rights even a legal tangible asset that he can sell to me? Is there any protection under the law for such an item that is not patented? Are there any other issues I should be aware of? Thanks!
Answers (2)
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Jeffrey...
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Its not a tangible asset, but an intangible one. The answer is that trade secret law can protect something such as this magic item. Trade secret laws vary from state to state, but generally they require that the "secret" not be generally known in the particular industry. If you want to talk further, please feel free to call (469) 371-3082.
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Lawrenc...
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The absence of patent protection does not mean that the inventor has nothing to offer you, since other forms of intellectual property protection (including trade secrets and "know-how") may apply. However, others could reverse-engineer the product because the invention is not patented. Thus, his offer to give you exclusive manufacturing rights means only that he will not manufacture the device himself (or assist others in so doing). This may be fine for the market in which you are selling, since it is probably not worth the time and expense for someone else to try to copy and produce the device. Moreover, if the device is sold under a trademark, the copies would have to be sold under a different name. It would be ineffective to sell an imitation product for a higher price, so as a business opportunity it would be rather unattractive for an imitator to pursue. Best wishes, LDWG
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