Legal Question in Intellectual Property in California

Product design copied (stolen).

This is in regards to a product that we manufacuture at our company and then sell to dealers who then sell to the public i.e. hospitals. This product was designed by us and one dealer has now copied it and made it in a different color otherwise it's a look-alike down to nearly all the measurements and the way that we wrap it for shipment. Their unit is made in China and ours in made in the U.S. Our suggested retail price is $74 and theirs is $38. My question is: Even though our design is not patented do we have any legal rights to stop that dealer who no longer buys or sell our units from copying and selling our design? That dealer also sold their copycat unit to us from Minnesota and charged us sales tax on it that they kept ,and that sales tax did not go to California as it was supposed to.


Asked on 9/27/06, 11:34 pm

1 Answer from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Product design copied (stolen).

Is it a US company producing the product via a Chinese factory? Call me directly at 16192223504?

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Answered on 10/02/06, 5:57 pm


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