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Questions Answered by Brandon Baum
1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Nebraska on
Q: If a magic trick is being sold by someone else, can I make that same gimmick and sell it as my own?

If someone is already selling the gimmick needed for a magic trick along with instructions on how to do the trick am I able to make the gimmick and instructions myself and sell it as my own? Basically I would be rebranding an already existing magic trick product. I've heard that magic tricks... View More

Brandon Baum
Brandon Baum
answered on Jul 20, 2016

While I don't know the specific gimmick, the general rule in the U.S. is "yes." Unless it is patented (very unlikely for a magic trick) or copyrighted (available only for the "patter" or pantomime surrounding the trick), then it is free to copy for anyone who knows the... View More

1 Answer | Asked in Intellectual Property for California on
Q: Are there any legal cases related to an unpatented idea being stolen?
Brandon Baum
Brandon Baum
answered on Jan 30, 2011

Sure, it is usually in the trade secret context. One of the more notorious trade secret matters in recent memory was Avant!'s misappropriation of Cadence's trade secrets. After many years of litigation, 7 Avant! executives pleaded no contest to felony trade secret misappropriation and... View More

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