QUESTION

can a manufacturer legally copy a designer fashion product without copying the original logo? meaning the product looks identical except for the logo.

Asked on Mar 15th, 2012 on Business Law - New York
More details to this question:
is there copyright or trademark issues with copying fashion products without copying original logo and affixing my own logo?
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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It is generally accepted that fashion products are "useful articles" that are not covered by the law of copyright. Such knockoffs appear in the market all the time. As a general matter, unless the knockoffs are palmed off as originating with, or being sponsored by, the original designer, the sale of such goods has proven to be non-actionable. You should consult with your own attorney about this.
Answered on Mar 17th, 2012 at 8:56 AM

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