really need advice on a patent question.

[bonesey]

What is the name of your state? CA

Hi, I would like to start by thanking the time to give me advice on my questions.

I wanted to ask if a product name is patented and you create a product that looks the same as the patented product but it is named another name, is that an infringement on the original product? For example, there are jeans that look exactly like a well-known brand but if I sell jeans with the same design and cut with my own branding , is that okay?

I really need advice on this and I sincerely appreciate it.

Thanks in advance!

 

[divgradcurl]

What is the name of your state? CA

Hi, I would like to start by thanking the time to give me advice on my questions.

I wanted to ask if a product name is patented and you create a product that looks the same as the patented product but it is named another name, is that an infringement on the original product? For example, there are jeans that look exactly like a well-known brand but if I sell jeans with the same design and cut with my own branding , is that okay?

I really need advice on this and I sincerely appreciate it.

Thanks in advance!

This isn't a patent problem, as names cannot be patented -- rather, it is more likely a trademark problem, although it is hard to tell exactly what is up from the limited facts given.

But in general, if you manufacture your own jeans, even if they are cut like someone else's jeans, that might be okay -- unless, of course, the cut itself is protected by patent or trademark. Further, if you add a logo that looks too much like their logo, or add embellishments that look too much like their embellishments, then you could potentially be infringing on their trademark or trade dress. Finally, if you simply buy their jeans, slap your logo on them, and resell them, that's clearly trademark infringement.

Whether or not what you want to do is legal or not will depend on a complete review of all of the relevant facts -- you would be well-advised to go see a local attorney with experience in trademarks and intellectual property who can review all of the facts and advise you accordingly.