Intellectual Property Law

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Hi , i would like to know if i can manufacture a copy of this

product and sell it under...
Hi , i would like to know if i can manufacture a copy of this product and sell it under my company name. this product seems very simple and not unique. will there be any legal issues? here is the link , thanks
http://www.amazon.com/HIC-Brands-Cook-Essentials-Silicone/dp/B00428M7ES/ref=sr_1_5?ie=UTF8&qid=1374802969&sr=8-5&keywords=hic
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Answered in 9 minutes by:
7/26/2013
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3,466
Experience: Experienced in intellectual property law
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Alex Reese :

hello

Alex Reese :

while it does look rather simple, it is best to do some research on patent proection (And of course don't run afoul of TM law by giving it a similar name)

Alex Reese :

now, patents do not officially line up with products....it all a matter of what products the company itself believes are protected by its patents. often times that is unclear and debatable, but my point is that there is no way to "look up" in a database or catalog or anywhere else whether something is patented because it just isn't correlated that way.

Alex Reese :

the only way to find out is to research the product and the company, look at all their product packaging, literature (web and/or paper) and examine the product itself...and see if there is any statement or label anywhere claiming patent protection

Alex Reese :

that is the only way to know if the company considers their product to be patent protected. usually there is some type of marking on the product itself or the packaging/literature that indicates patent protection or "patent pending"

Alex Reese :

so i suggest checking out the company website, and prefferably getting the product to inspect along with the literature.

Alex Reese :

let me know if that answers your question

Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3,466
Experience: Experienced in intellectual property law
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Alex Reese and 87 other Intellectual Property Law Specialists are ready to help you
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btw...companies usually mark their products/literature to indicate patent protect because (1) they want to tout how great the product is and (2) it is required to provide constructive notice for purposes of damages in patent litigation
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3,466
Experience: Experienced in intellectual property law
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Customer reply replied 4 years ago

thanks

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Alex Reese
Alex Reese
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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