Georgia | Intellectual Property
4/15/08, 8:17 pm
Legal Question
Intellectual policy
Can you EVER sell imitation designer handbgs(legally)
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Intellectual policy
Can you EVER sell imitation designer handbgs(legally)
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Read More Answered By: Scott Riddle |
Re: Intellectual policy When you have the appropriate permission. |
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Read More Answered By: G. Joseph Holthaus III |
Re: Intellectual policy The problematic word you present is "imitation." If your objective is to sell "knock offs" of a protected product you are inviting a lawsuit. The specific details of the product and its protected features are at issue.
The legal protection, applicable to any product, must be pursued. There is a probability that any product that a maker has taken steps to protect will be defended. Likewise, protecting the product you plan to offer should be strongly considered.
A hypothetical example, for illustration, is the permitted distinguishing of a product line. This is, in itself, an area that is non-obvious. Say there is a mouse trap that you want to offer. Your product differs with distinguishing features that avail it of legal protection, and you seek to protect your product. Without disparaging the other product you can distinguish your product through copy ad or other marketing. Yet in the same manner you can present non-obvious features that form the basis of legal protection. Any marketing should be reviewed by an attorney to avoid potential claims of infringement.
I trust that this question is not for a school project and, if it is, you should research the topic beyond my response. |
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