Trademark/Design Patent infringement

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Trademark/Design Patent infringement

I’m wondering if it’s legal to sell
sneaker keychains made to look like
real sneakers? The keychains have no
branding, logos, slogoans whatsoever.
The sneaker keychains will be
recognisable to real sneakers by my
customers.

Asked on December 18, 2016 under Business Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can do this so long as you don't infringe on any copyrighted or trademarked design details whatsoever--for example, you could not sell a keychain incorporating a recognizable version of the Nike "swoosh." You would have to thoroughly check what design details or elements are protected by manufacturers and not incorporate any.


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