Q: I sell a product that I DIY, meaning the product existed already and was popular and more known in the 80s-90s.

Another company altered the same original product the same way I did and is claiming she’s the original creator of that new design. So she and her friends have been harassing me on both personal and business social medias. A good 2-3 businesses sell the same new version of this product as well. Can I patent or trademark to protect the unique designs I made? Can I patent at all?

1 Lawyer Answer
Stephen E. Zweig
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  • Trademarks Lawyer
  • Los Gatos, CA

A: I am not sure if this applies to your situation or not. However many products from the 80's and 90's, unless covered by trademarks (such as the product's name or logo) or copyrights (for example, graphics), are now "public domain." In such cases, anyone might be able to make and sell the product.

The answer will vary greatly depending on the specifics of your situation, however.

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