QUESTION
Is it legal to sell the chinese knock off in the U.S.?
Asked on Apr 19th, 2013 on Patents - Utah
More details to this question:
A certain rifle scope from china looks very similar, (not identical aesthetically, and significantly different enternally,) to one sold by a brand name rifle scope company.The cheap chinese varient comes with a disclaimer stating that they are in no way affiliated with the Brand name item. There is no logo on the chinese varient either. The purpose of the knock off is for a young adults game called airsoft. The brand name item is intended for firearms. Are knockoff's in general legal if they do not have any indication of affiliation with the brand name company? If it may be legal how can the item be named? For example if the brand name company has a model "551" can the knockoff company have a model "551.0"?
1 ANSWER
Intellectual Property Attorney serving South Jordan, UT
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Pearson Butler
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There are lots of ways you an violate someone's rights when copying their product. You need to get an attorney to review the relevant products, do some research and then let you know what the opinion would look like if you had them write one. Plan on spending about $250 - $800 for that initial research.
Answered on Apr 23rd, 2013 at 3:32 PM