Legal Question in Intellectual Property in California
reproducing or coping a product
My customer wants a tote bag that is
made by another company. It is a
pink and brown tote bag with Bride
embroidered on it.
The company has there name
trademarked on a tag inside of it.
Can I copy this item without getting
in any trouble?
Asked on 9/04/08, 8:48 pm
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Re: reproducing or coping a product
Many, but not all, designs are protected in some way, for example by trademark or by design patent. Even a generic term such as "bride" might be a trademark. So, by making a copy for profit, you would be, quite possibly, violating the law.
Would you get sued for making one copy? I don't know. Would the penalties be large? Doubtful.
Answered on 9/05/08, 12:32 am
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