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Can I legally start to repop an old car part to sell

Discussion in 'The Hokey Ass Message Board' started by RatPin, Jan 27, 2014.

  1. RatPin
    Joined: Feb 12, 2009
    Posts: 573

    RatPin
    Member

    Is there any legal issues if I wanted to buy a mold and start stamping and selling an old GM part that is currently not available in the aftermarket?
     
  2. You better build a die to stamp parts, molds are for molding parts.

    Go for it...Just don't advertise it as a GM part.
     
  3. pimpin paint
    Joined: May 31, 2005
    Posts: 4,939

    pimpin paint
    Member
    from so cal

    The short answer is YES!
    General Motors, Ford, Mopar and yes even Volkswagen all, have very aggressive policies when it comes to people producing and selling products that even only use the original car companies name, when selling the repopped part.
    The guys selling repopped Willys parts may one day get a visit from Mopar's attorney:eek:
    This is why plastic models now sell for $25-30.00 bucks a pop, license fees!

    " Meanwhyle, back aboard The Tainted Pork "
     
  4. corncobcoupe
    Joined: May 26, 2001
    Posts: 5,064

    corncobcoupe
    SUPER MODERATOR
    Staff Member

    Legal issues ?

    No With GM's permission and license fee

    Yes With out GM's permission and license fee

    Contact them first before you invest $ in anything, because if you don't and they want to play hard ball - they win 100% of the time and you are out $

    And it doesn't matter if you don't advertise it as a GM part. They monitor all the parts markets - large or small for piracy and illegal re-pops ALL the time.

    The car companies don't play pussy foot with this.
     
    Last edited: Jan 27, 2014

  5. Gman0046
    Joined: Jul 24, 2005
    Posts: 6,253

    Gman0046
    Member

    Why not? The Chinese repop everything. Do you think they have GM's permission to produce the shit they manufacture?
     
  6. Coyote13
    Joined: Apr 25, 2012
    Posts: 73

    Coyote13
    Member
    from Dallas, TX

    The Chinese aren't operating domestically....
     
  7. NickJT
    Joined: Jul 17, 2012
    Posts: 640

    NickJT
    Member
    from S.E. PA

    Then how come there are so many of them?
     
  8. You can't call it a Ford or whatever make part, you can say it fits a particular make/model. You can't put the car manufacturers name or part number on it without license.
     
  9. Gman0046
    Joined: Jul 24, 2005
    Posts: 6,253

    Gman0046
    Member

    Coyote, thanks for pointing that out. I think everyone knows where China is located. Their shit repops are sold in the U.S.
     
  10. Dave Mc
    Joined: Mar 8, 2011
    Posts: 2,043

    Dave Mc
    Member


    Cause they like DoIn iT
     
  11. Most none is sold on the behalf of the manufacturer.
     
  12. There's all sorts of reasons why yes and why no.
    But here's the best one.

    It would be better to have GMs blessing before you start than to have their lawyers up your ass after you begin production. They have deeper pockets than anyone you know and more lawyers on staff than you. It will cost them 125.00 to ruin your life.

    To Ask them first costs very little. Yes they may want a piece of your action but for that piece they may help- even help you get started, advertising, their stamp of approval.
    Maybe they say they don't care.

    What's funny is Ford has jumped on with their endorsement on obsolete stuff.
    "Ford to start re stamping xxxx " ford didn't start doing shit, some bootstrapers started doing it before ford stuck their logo on the repop stuff. Which party paid the other ? Idk but what's your guess?
     
    Last edited: Jan 27, 2014
  13. pimpin paint
    Joined: May 31, 2005
    Posts: 4,939

    pimpin paint
    Member
    from so cal

    Yeah, Hop Sing was a very busy guy!:D
     
  14. RatPin
    Joined: Feb 12, 2009
    Posts: 573

    RatPin
    Member

    I would not even know who to cantact at GM if I did decide to go that way, but that is an interesting idea especially if they offered help. Who's to say that they would not just take my idea and run with it though?

    If I did this on my own, I would probably start with ebay and then if any distributors wanted to pick them up great. Would it be something I would need to patent to protect, or could I even patent it considering it is not my design anyway? This is all new to me so bare with me.
     
  15. I remember seeing repopped dog dish hubcaps, sold as replacements for major car manufacturers. to avoid paying the fees they would slightly alter the name or logos used.
    Not sure how many parts one might sell for a "Model A Fool"
    A discussion of these caps are in this link below.

    http://www.jalopyjournal.com/forum/showthread.php?t=592443
     
  16. Maybe a law degree will jump in here and proffer some intelligent answers, but at the end they will say to contact an attorney if nothing more.

    Try searching "GM product licensing" and see where that leads you
     
  17. 5window
    Joined: Jan 29, 2005
    Posts: 7,604

    5window
    Member

    And yet, you might think if there is really money to be made with this part,someone would already be doing it.
     
  18. corncobcoupe
    Joined: May 26, 2001
    Posts: 5,064

    corncobcoupe
    SUPER MODERATOR
    Staff Member

    It's your idea to reproduce their product. "Who's to say that they would not just take my idea and run with it though ? " Who's to say ? They say - it's their product. They own the rights - they legally can choose who produces it and sells it.

    Back to the legal issue - just because you had a idea to reproduce their part does not make your idea - your part.

    BTW - GM , FORD and CHRYSLER lawyers are paid daily to monitor Ebay and frankly darn near every aftermarket parts distributor you can think of.
    You are not going to win and get around this stuff for very long WITH OUT permission and licensing agreements.

    Since it is a GM product why don't you call Ford Man Bob Drake and ask him.
     
  19. RatPin
    Joined: Feb 12, 2009
    Posts: 573

    RatPin
    Member

    I just want the part for my car and it's not available, and every one I see listed is rusted out like mine. It got me thinking because there are other aftermarket parts similar from no name sellers that seem to be selling exclusively on ebay and I was wondering how they went about it.
     
  20. Rem
    Joined: Mar 6, 2006
    Posts: 1,256

    Rem
    Member

    So is it a sheetmetal part? What sort of year model is it for? I know much (if not all?) of the repop Ford parts from Mac's and the like have "Licensed by Ford" stickers on them, but what about EMS panels? Brookville bodies? Howells' panels? The repro '32 floor pans? Any of the other pattern panels?
     
  21. corncobcoupe
    Joined: May 26, 2001
    Posts: 5,064

    corncobcoupe
    SUPER MODERATOR
    Staff Member

    Why don't you ask them ?

    If you do - A good chance they will pull it because of being worried they are being investigated.

    Here's the other thing - GM could care less if you make one for yourself.
    If you try to sell to others they care.

    So what is more important - the part for yourself or selling them ?

    The license stuff is pretty serious business.
     
  22. I'd ask SAR too. But do it outside.
    Something went down there and all you need to do is read it and wonder a little.
    How can there be a back log, deposits taken and all of a sudden theirs no economic way to continue? - no 34 ford stuff either. But the tooling is done and every part sold helps pay for development.
     
  23. Deuced Up!
    Joined: Feb 8, 2008
    Posts: 3,898

    Deuced Up!
    ALLIANCE MEMBER

    Change the design a bit or the look a bit. Change it 20% from the original and there is no issue.
     
  24. RatPin
    Joined: Feb 12, 2009
    Posts: 573

    RatPin
    Member

    Will if I was to consider making the tooling to stamp them out I would want one for myself as well as to sell some to cover the costs of the R&D, plus I could be helping others out. This is for a single year model car so the market would be limited but at least I would also be helping some others out too.
     
  25. yruhot
    Joined: Dec 17, 2009
    Posts: 564

    yruhot
    Member

    I know a guy who makes repoped parts for one of the big three with their blessing along with a check I'm sure. Anyway he noticed a defect in the orginal and he told them he could cure that flaw and they told him if he altered one thing he would lose his licensing privilege to produce parts under their name. I won't say which part he does but it's kinda sad. Oh well life sucks some times, even when you try and do the right thing.yruhot.Doug
     
  26. jack_pine
    Joined: Jan 20, 2007
    Posts: 348

    jack_pine
    Member
    from Motor City

    You can make nearly any part you want AND sell it... LEGALLY... as long as it does not contain a "brand" or trademark on it or in the advertising of it.

    Make your parts. Don't put a blue oval or FoMoCo or Ford or Powered By ford.... if that stuff needs to be on the part in order for it to be attractive to the market then you need a license from the company that owns the trademark.

    GM, Ford, Chrysler each hire companies to manage their licensing programs. These companies get a cut of the royalty. Sometimes, they get you to sign a license agreement when you don't need to.

    Get your own lawyer. If you go into the mfg business you will need one sooner or later

    Posted using the Full Custom H.A.M.B. App!
     
  27. Rick Sis
    Joined: Nov 2, 2007
    Posts: 710

    Rick Sis
    Member
    from Tulsa OK

    I've never reproduced an auto part, but I have had some experience reproducing parts for OT antiques and collectibles.

    In the US, a business has the right to file suit if they believe they have proof that someone has used their intellectual property in commerce for profit. They must prove that they have rights on the property in question, prove that you have profited from the intellectual property and then they must prove damages.

    Intellectual property involved in auto parts usually boils down to patents and trademarks. Patents are registered proof of something that makes their gizmo unique in design. Trademarks are registered works of art used in commerce. Logos, mottos, mascots, etc.

    So, if you want to stamp out hubcaps or tailgates with a logo, or cast some emblems, you could likely be in violation of trademark law, and need trademark licensing to keep clean. On the other hand, if you were to stamp something that had no trademark content, on a part that the original manufacturer no longer has available, no active patents involved, no monetary damages to be claimed because they don't even sell it anymore, you would probably be good to go. If you want to cast a fuel pump body that has a list of patent numbers cast in the side, you best make sure they have all expired.

    I think the bottom line on this stuff is that there really is no bottom line. If someone has a large business with a full time legal department, and you piss someone off, they can simply hassle you out of business by making your defense unaffordable. The my attorney is bigger and my pockets are deeper syndrome.

    I'm not an attorney, but my opinion is you are never safe from lawsuit in the USA.
     
  28. Don's Hot Rods
    Joined: Oct 7, 2005
    Posts: 8,319

    Don's Hot Rods
    Member
    from florida

    Ford seems to be one of the most aggressive companies when it comes to going after people who make parts for their cars (even very OLD cars) without paying them a fee. Total Performance ran into that with their T bucket bodies. They used to say "Ford" in script on the tailgate but after Ford got on them they changed the word to "Total", but also in a very similar script to what Ford was using. You have to look twice to realize it no longer says Ford. :D

    Don
     
  29. prpmmp
    Joined: Dec 12, 2011
    Posts: 1,065

    prpmmp
    ALLIANCE MEMBER

    Cause they F**k like Rabbits!!:eek: Sorry Could't resist!! Pete
     
  30. jesse1980
    Joined: Aug 25, 2010
    Posts: 1,355

    jesse1980
    Member

    My buddy is repoping Pontiac parts out in Minnesota. He didn't get permission and he has a full website. He just can't use the GM logo on them. He's doing half quarters and trunk spare tire parts and other small stuff.
     

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