Baldwin Park, CA asked in Criminal Law, Copyright and Intellectual Property for Indiana

Q: Does Indiana state civil or criminal law prohibit a party from selling knockoff clothing/copied sewing patterns?

I was informed that Indiana criminalizes parties who sell knockoff clothing where the knockoff item duplicates the exact sewing pattern of another brand's clothing. There is no intellectual property infringement in the act of selling knockoffs, as long as the knockoff is not using a trademark, patent or copyright. On what basis does Indiana law make it illegal to prosecute a party for copying another's stitching pattern on clothing?

1 Lawyer Answer
Marcos Garciaacosta
Marcos Garciaacosta
  • Intellectual Property Lawyer
  • Mesa, AZ

A: If it is a knock off it is implied it is violating some intellectual property.

IF it is not violating a copyright, trademark, patent, personal image, etc. then there is no violation and it is not a knock off.

IF IT feels wrong, don't do it.

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