Legal Question in Intellectual Property in California

Re: Is Copying a Design Of Cellphone Illegal?

You maybe be infringing upon the intellectual property right of another. Specifically, the outside appearance or design of a cell phone could be protected by a "design patent".

You should always contact a patent and trademark attorney prior to the adoption of any type of product to gain clearance, and possibly protection of the design or name by patent and trademark and possibly copyright as well.

Re: Is Copying a Design Of Cellphone Illegal?

Not only do I agree with the previous answer, I think there is also the possibility of a trademark infringement; aspects of the appearance of a product might be protected by trademark law.

The issue would probably boil down to whether there was a significant possibility of confusion among customers. Designing a product with the intent, or the knowledge, that it may lead consumers to associate your product with someone else's, is often illegal under specific statutes such as trademark law or design patent law, and if not can be attacked in court under more general unfair competition theories.

I'm not suggesting that every instance of look-alike products is necessarily an illegal infringement. Far from it; the market is full of knockoff products, some of which have survived court challenges. Many have not. You should be aware, however, that large companies with highly-recognizable products USUALLY defend their design and trademark rights vigorously, and with large war-chests, against producers of knockoff designs, especially when the market threat is significant.