License fee to use a BMS in a project

If I build a house to sell, can I advertise that I installed Kenmore appliances inside it?
If I sell a car, can I say it has Firestone tires?

If I make an alternative energy product which happens to have a transparent cover, can I take a photo of it that shows everything visible inside, including say a BMS made by Daly, which happens to have a Daly logo used by Daly on their BMS?

Of course, Daly may be willing to sell you an unbranded BMS at lower cost with no customer support provided by them.

Remove the logo and rebrand it with your own custom label like others do. No Daly warranty so you would have the obligation to repair or replace a faulty BMS.

Hedges said:

If I build a house to sell, can I advertise that I installed Kenmore appliances inside it?
If I sell a car, can I say it has Firestone tires?

If I make an alternative energy product which happens to have a transparent cover, can I take a photo of it that shows everything visible inside, including say a BMS made by Daly, which happens to have a Daly logo used by Daly on their BMS?

Of course, Daly may be willing to sell you an unbranded BMS at lower cost with no customer support provided by them.

Click to expand...

So far I got the rude rookie WeChat customer support with broken English. I'm trying to explain to them that my product will undergo a patent search and I need to know for sure if I can use their product or not and so far it is a dead end.

Patent infringement is a whole different can of worms.

When HP introduced a PC running Microsoft Windows, Apple sued HP for infringing on the Garbage Can or some such IP that Apple had plagiarized from Xerox Smalltalk.
Microsoft stepped in and told Apple, "If you've got a problem, take it up with me, not my friend HP."

Don't think Daly will do that for you if their design turns out to infringe on somebody's patent.

Various vendors (and employees) are required to declare that what they provides doesn't infringe on anyone else's IP. But in the end, shallow pockets can't protect anyone with deep pockets, who will have to bear the cost of defending themselves regardless of where alleged infringement entered the picture. "Chicklet" shaped icons and rounded corners on a rectangular cellphone are protected under copyright, trademark, or patent law?!

While I can't give legal advice, I'm pretty sure you can buy and use Daly's product without Daly having any recourse against you (except not selling to you.)
Lots of battery companies out there using BMS (and cells) bought from some supplier.

I provided an answer from a marketing perspective because it looked like that is how they answered your question. I did not think at all about using patented technology or intellectual property because that is not what you asked.

And there is a great deal of difference between using a name in marketing a product, and using patented technology inside a product. You might need to be clearer in your inquiry with them. Daly may or may not be using patented technology inside their products and may not own the technology they are using anyway.

The Chinese don't consider patents and intellectual property the same way other countries do. You need a patent attorney that is familiar with Chinese law.

Q-Dog said:

I provided an answer from a marketing perspective because it looked like that is how they answered your question. I did not think at all about using patented technology or intellectual property because that is not what you asked.

And there is a great deal of difference between using a name in marketing a product, and using patented technology inside a product. You might need to be clearer in your inquiry with them. Daly may or may not be using patented technology inside their products and may not own the technology they are using anyway.

The Chinese don't consider patents and intellectual property the same way other countries do. You need a patent attorney that is familiar with Chinese law.

Click to expand...

"Daly may or may not be using patented technology inside their products and may not own the technology they are using anyway". That is my guess as well. I mean, are they paying BT licensing fees to BT alliance for their bluetooth BMS? We don't even know!

sophocha said:

So far I got the rude rookie WeChat customer support with broken English. I'm trying to explain to them that my product will undergo a patent search and I need to know for sure if I can use their product or not and so far it is a dead end.

Click to expand...

You can licence the bms and or buy white labeled version from them put your company or product name on the bms and you will have zero issues....you will sorta have your own bms.

I would infer their statement to mean that you can use the BMS as a component in your product and show that the BMS is a Daly. You can't use the logo or name on something that you didn't buy from them. If you took 4 cells and the Daly BMS and built an enclosed battery pack you could call it Bobs Battery & say it has a Daly BMS but you can't call it a Daly battery and put their logo on the box.