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  • CFM
Posted
14 minutes ago, ToddW said:

My lines of questions were along making the bags and selling them and not really around selling or distributing the patterns.  As with the tote example above from Saddleback.  What makes a tote different than most of the totes out there and what change is enough to not tickle the Saddleback patent.  

question for you? Can you make and sell a tee shirt?   Answer =yes. You cant use someone elses pattern to do so. You cant use a brand name on it unless its yours. Make your own pattern! make your own briefcase.

Worked in a prison for 30 years if I aint shiny every time I comment its no big deal, I just don't wave pompoms.

“I won’t be wronged, I won’t be insulted, and I won’t be laid a hand on. I don’t do these things to other people, and I require the same from them.” THE DUKE!

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Posted (edited)

I definitely understand and not really asking for legal advice.. I saw the thread which really got me thinking..  Attached is a wallet I make..  Very similar to the ones out there and very similar to the patterns you can download.  As I start working towards bags, there are so many styles and I am more buckles and straps vs zippers which gets you towards tickling some of the patents I want to stay away from..  The philosophical question for me really is around how much a change in functionality and design gets you away from the patents..  The tote is a great example of that as mentioned, there are thousands of totes..  Some are a lot more clear..

Edited by ToddW
  • Contributing Member
Posted (edited)
1 hour ago, ToddW said:

My lines of questions were along making the bags and selling them and not really around selling or distributing the patterns.  As with the tote example above from Saddleback.  What makes a tote different than most of the totes out there and what change is enough to not tickle the Saddleback patent.  

Its not the tote bag or wallet per se, with common items its the presentation of the item.

If Maker A makes a common style wallet and adds gold fittings to it and Maker B does the same pattern of wallet and puts gold or silver fittings on it which resembles Maker A's fittings that can be seen as copying. But if Maker B makes the same common style of wallet and puts different gold fittings on it its not a direct copy

PS; a boast - when I published my own magazines I was very well informed on copyrights laws as they were around the world. I was also part of the group which re-wrote the UK Copyrights law back in 1988

 

Edited by fredk

Al speling misteaks aer all mi own werk..

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