Q: How come SO many companies (big and small)/people are still selling Scrunchies, even though they are patented!

Are they selling at their own risk? I just started an e-commerce business. I was looking into selling them. But I’m thinking the chances they’ll go after me is slim since there are so many other companies that are doing really well with this item. I did add a bow to mine if that makes a difference. Can I get some insight or advice!?

1 Lawyer Answer
Peter D. Mlynek
Peter D. Mlynek
Answered
  • Patents Lawyer
  • Moorestown, NJ

A: If you are selling the types of scrunchies that were popular in the 1980s and 1990s, then you are OK. You can copy pretty much anything from the 1980s and 1990s, or earlier, because all those patents have expired.

If you want to copy some more recent ones, then you should really hire a patent attorney to help you.

With regards to your new scrunchie that has a bow: If it is something new that you came up with, something that you've never seen anywhere else, you should still be careful. The reason is that it is possible that someone came up with the same or similar design and patented it and just did not sell it widely enough for you to see it, and may still come after you.

Do not copy the name Scünci or other names, because they are trademarked. Also, do not copy the fabric pattern of another scrunchie (which may be copyrighted, meaning that it will last until the 22nd century.

Good luck!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.