Hi, So I am planning on starting a business where I would buy a product relatively cheap from aliexpress and then rebranding it with my own brand.
Now, I noticed most the products on aliexpress are usually similar to well established brands products. For instance I see a lot of cheap copies of the Daniel Wellington watch.
So my question is, if I was to sell a product like say the copy of a DW watch and then rebrand it with my own logo and brand, is there a risk for me to get in trouble over some kind of patent dispute? To specify, the products I plan to sell are quite simple and therefore it can't be compared to say selling cheap iPhone ripoffs. I suspect it depends from case to case, but what is the general rule when it comes to fashion/clothing/accessories?
Thanks in advance!
>Now, I noticed most the products on aliexpress are usually similar to well established brands products. For instance I see a lot of cheap copies of the Daniel Wellington watch.
>So my question is, if I was to sell a product like say the copy of a DW watch and then rebrand it with my own logo and brand,
The word counterfeit frequently describes both the forgeries of currency and documents, as well as the imitations of clothing, handbags, shoes, pharmaceuticals, aviation and automobile parts, watches, electronics (both parts and finished products), software, works of art, toys, movies. Counterfeit products tend to have fake company logos and brands. In the case of goods, it results in patent infringement or trademark infringement.
yeah you are going to be in trouble. But dont worry... well, before they sue you they are going to send a letter of cease and desist that is their legal paperwork to sue you, if you continue selling counterfeit.
we are talking about big brands here. beware that patents just dont apply to cosmetic or product design, some cellphones, electronics, etc. have patents in their parts or microchips if they know about this they are going to sue you too, even if the phone or electronic doesn't even look like theirs.
Thanks, but if we are talking about a quite a simple product here it gets quite hard for companies to claim any "rights" to it? For instance, I've seen some optics frequently sell cheaper versions of black Ray Bans. The product basically looks almost identical with just slight variations and then the difference in the logo. In cases like this the product seems to be too simple or generic for it to become a problem.
So my question really is: what are the odds that if I start rebranding and selling some accessory product from aliexpress that some company that i might not even have heard of sues me for having a product that is too similar to theirs?
Design patents and trademarks apply. You can research each.
Say you clone that watch and find its design patent. Like all patents, it's very specific, and you do one stake differently, they can't sue you. (Well, if they're pissed off enough, they'll sue you just to bankrupt you, even if they have no case. Glorious USA.)