Can I legally make this Activity Kit for kids and sell as my own?

It's lawful to collect various, differently-branded products into one, combined product and then sell that combined product IF: (1) all the branded products are lawfully purchased and genuine, (2) all the branded products are kept in their original packaging, (3) none of the branded products are altered in any way, (4) the combined product is not named, packaged, advertised or otherwise presented to consumers in a way that would likely confuse those consumers into falsely believing that the combined product is made, endorced or sponsored by any one or more of the individual product brand owners or that any are associated with the combined product or its maker, and (5) whatever other requirements the attorney for the combined product maker considers important. Speak with a Tennessee-licensed intellectual property attorney before you start selling your activity kit. Good luck.

This is a rather dangerous undertaking. You can't do anything that might lead members of the public to believe that you are the source of any of the products that you combine together in your kit. You need to leave the products in their original packaging----you cannot mark any of the individual products as your own without permission from the manufacturer and trademark owner of the original product. For example, you could not claim that you are the source of the gloves. Further, sometimes there are trademark owners/manufacturers who would not want their names and products to be associated with products of competitors which they view as inferior----by combining together products of competitors in a single package you could be engaging in a form of trademark dilution. I personally would not advise clients to put together kits like this without advance permission (or licenses) from the manufacturer of each item that you plan to include in the activity kit. Aside from the various intellectual property law requirements, anyone who makes products for children must deal with rather strict regulatory requirements at the federal and state levels. At the federal level, there are a number of agencies that may have regulations that may limit how you design, manufacturer and market your activity kits, including the Federal Trade Commission, the Consumer Product Safety Commission, and the Food and Drug Administration. There are also state regulations---that differ from one state to another, which apply to products directed to children. You will be required to adhere to various product labeling requirements, including requirements regarding warnings that must be contained on product labeling. Further, it is quite possible that you will be required to provide test reports showing that the products that you combine together in these kits can be used by children safely in combination with each other----even if the individual products have passed regulatory scrutiny, the combination of these products together and their combined use must also pass regulatory scrutiny. Indeed, my guess is that the regulatory and safety issues that you will face will be much more difficult to deal with than the intellectual property law issues. If you are serious about proceeding with this project, you need to retain a law firm that can handle both the IP and product safety issues---further, this firm must have the capability of dealing with these issues at both the federal and state levels. With great respect, don't even think about pursuing this endeavor further without retaining a law firm that offers such services. And of course, you will also need to purchase insurance to protect you from claims for personal injury and perhaps intellectual property law violations. The law firm that you hire to deal with the the intellectual property and safety issues can also guide you with regard to the insurance issues. As you can see---this is not a business you can run out of your living room or garage---in fact, most cities, towns and states have local rules and regulations that would make it illegal to operate such a business from home or from unlicensed facilities. The facilities that you use to make your kits will, themselves, be subject to inspection and regulatory scrutiny. If you want to pursue this matter and have the resources to do so, you will need to retain a law firm that can handle the various IP law, licensing and regulatory issues. Good luck.

You can, of course, but your real question is would you get in trouble for doing it. Attorney Ross has given you a nice long answer outlining why you might get in trouble. You cannot legally buy product in bulk, remove the packaging and then mark it as your own and stick it in your kit. That would be passing off, a form of trademark infringement. The problem is, that is deceptive as it is likely to confuse consumers as to the source of that product and it deprives the brand owner of the goodwill associated with its mark. Rather than give you a list of steps, I think you need to consult an Intellectual Property law attorney, preferably one familiar with Tennessee law, to assist you in your particular activity kit. Your kit can be done, but needs to be done right to avoid legal risk and to avoid conflict. Your primary goal would be to do it in a way that would not be objectionable to any of the brand owners of the products you include in your kit. Since the brand owners want to sell their products, the goal likely needs to be to do nothing that would hurt their sales. One key factor will be whether they also sell activity kits under their brand names.