Legal Question in Intellectual Property in Washington
Copywrite laws
How do I sell knock off guitars legally? Do I just tell people that is what they are, do I have to have the brand name removed, or can I cover up the brand name with a sticker of my company???
1 Answer from Attorneys
Re: Copywrite laws
There are two areas of intellectual property you should investigate:
1) Design patents. Design patents protect the ornamental design (not the functionality) of a product. If the original manufacturer has a design patent, then a competitor cannot sell competing products without changing something significant about the shape or design.
2) Trademarks. Trademarks protect identification of the source of a product. By removing the brand logo and not doing anything to make the competiting product seem like it is coming from the original manufacturer, there would not be trademark infringement.
- Mason
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