Can I make a 3rd party peripheral without the manufacturer's permission?

[BlueDiver]

What is the name of your state (only U.S. law)? Missouri


Hi everyone,

I’ve created a customized, designer carrying case for a medical device that is currently on the market, being sold with a very plain, boring case. If I wish to manufacture and distribute my case, on a small scale, do I need the manufacturer’s permission to do so? Am I permitted to reference their brand name or a photo of their product (brand name airbrushed out), as long as I don't display their trademark / logo?

Any advice would be really appreciated. I'm a physician, so this stuff is totally foreign to me.

Thanks,

Chris

 

[Ohiogal]

What is the name of your state (only U.S. law)? Missouri


Hi everyone,

I’ve created a customized, designer carrying case for a medical device that is currently on the market, being sold with a very plain, boring case. If I wish to manufacture and distribute my case, on a small scale, do I need the manufacturer’s permission to do so, as long as I don’t use their trademark in my advertising? Am I permitted to use the brand name and product name, as long as I don't use their trademark / logo? Any advice would be really appreciated. I'm a physician, so this stuff is totally foreign to me.

Thanks,

Chris

Their brand name is most likely trademarked or copyrighted. You can't use that without their permission. You can advertise this as a case used for carrying difibrillators or whatever medical equipment it is by using the name of the general equipment and the fact that it works with leading brands of equipment.

 

[tranquility]

Is there any way for the manufacturer to claim the case is important to the functionality of the device? If the current case holds the item in a certain way to make sure it is available/useful/whateverful you might have some FDA issues. Also, for business planning purposes, don't forget about the medical device tax in Obamacare. From what I've been hearing, the definition is quite broad.

 

[FlyingRon]

Further, depending on what the device/case is, you've got bigger fish to fry than the IP issues. Medical devices are highly federally regulated (yes even things like carrying cases).

 

[BlueDiver]

Thanks, everyone - all helpful info. I was unaware that the medical device tax could affect carrying bags. That said, there is no function to the carrier beyond mobile storage of the unit, but I'll look into the FDA regulations. It's nice to know the federal government is keeping us safe from would-be, rogue hand-bag makers like me!

 

[xylene]

Are eyeglass cases regulated by the FDA?

 

[tranquility]

No, but the bag holding a portable oxygen concentrator might be. An eyeglass case is not really related to the function of eyeglasses. But, there may be some requirements for quick access and/or non-obstructed use to the concentrator. Unless the Doc plays out a couple more cards (which I doubt is in his best interest) telling us the medical device, we can't even guess.