Q: how to make sure that shoes I'm importing from China to Ontario Canada are not infringing any copyright-patent?

I am talking about shoes that neither have logo of a famous brand nor their design is similar to a famous brand. (but who can be 100% sure that some part of the design is not similar to some brand design out there?!)

how can I firstly avoid infringing copyright and secondly - if it happens unknowingly- how can I mitigate the risks?

Note: I know that some places to search for design patents are USPTO and Intellectual property databases Canada. But there is no way to search by image to see if a shoe design I have chosen is in the data base or not. and I found it too time consuming to go each patent document and search the designs 1 by 1.

Your advise is very appreciated,

Thanks

1 Lawyer Answer
Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Trademarks Lawyer
  • Mesa, AZ

A: You need a legal strategy and you should consult with an attorney for sure.

For one, you could put in your contracts a clause that they guaranty the title to any intellectual property.

Best luck.

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