Advice on manufacturing and selling certain items which are similar to branded items

[stevenfrench]

Dear All,

I would really appreciate some help and advice on a certain topic.

I was wondering what kind of infringements (if any) would be taking place if I was to take a certain item with a brand name, for example footwear by addidas, and then to copy their design very closely and sell them, while not trying to claim that they are original addidas footwear. All symbols will of couse be removed.

This is of course what dozens of different companies do with certain designs associated with a specific brand, for example the design for converse shoes are widely copied and sold for much cheaper than the real deal. Also, stores such as Primark etc base their entire ranges on other companies designs.

So if I was to find a manufacturer who could produce an almost an exact replica, minus the addidas logo, can I the freely sell them?

Thanks very much for any advie you can offer
Steven

 

[quincy]

stevenfrench, what is the name of your state or, if you are not in the US, what is the name of your country?

By imitating shoe designs of famous shoe companies, you would be setting yourself up for a trademark infringement suit. Trademark infringement suits are not uncommon in the shoe industry. Converse, Skechers, Madden, Adidas and N!ke are some of the companies that have been and currently are involved in trademark suits against companies that sell "knock-offs." Converse, in fact, is suing 30 or so companies for copying their shoe designs.

In a trademark infringement suit filed over the design of a shoe, what needs to be shown is that the design of the shoe has become associated in consumers' minds with the company that is suing. You have, for example, the Adidas' three stripes and the Converse star which, when seen by consumers, bring to mind those particular shoe companies. The designs work as company identifiers as much as the name of the companies do.

Some shoe companies have won their suits, most settle, a few lose. One thing all of these suits have in common, though, is their cost to the parties involved in the dispute.

If you are starting off a new company, copying the designs of a famous company like Converse is one way to have your new company die an early death. You will not survive financially.

I recommend you come up with unique designs of your own and avoid capitalizing off the recognizable trademarks of others. Good luck.