Questions: Can I alter existing product and label and market it as my own brand?
I searched and couldn’t find anything relating to this.
There is a product on the market, I found a company in China that makes a product that looks very much like the name-brand, if not identical. I want purchase the product from the Chinese manufacturer, and alter it by changing a key, functional piece, as well as adding another part to the product, and then label/package/sell it as my own.
General example: Chinese Oakley replicas, same general frame design, but different non-Oakley lenses, remove Oakley logo and replace with my own, as well as add something like a built in video camera, or neck strap, or some other add-on.
Would this be blatantly illegal?
Answer: This may or may not be legal.
Changing a Chinese made product for sale in the US may run afoul of US patents – either utility or design. For example, Oakley may have utility and/or design patents. These patents may cover your altered product design, especially if you are taking a knock off product from China and reselling in the US.