Infringement, Knock-Offs, and Brand Protection
Too often, overseas and other low-cost manufacturers are employed to replicate successful products. This can be done by carefully making a mold of the product and then using that mold to make a replication. These knock-offs are imported into the U.S. and enter the stream of commerce through a variety of channels. A more sophisticated infringer will ensure that the product is marketed with a name that does not infringe the trademark. Most likely the name will be descriptive. Assuming that the product configuration/shape is not protectable as trade dress or by design patent and there is no trademark infringement of the product name, it is very difficult for the brand owner to police these knock offs.
Read more about safeguards against infringement.
In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.