Q: Can I sell a gps tracker that looks similar to the apple air tag as long as im not marketing or branding as apple airtag

I found a supplier that makes gps trackers but they look similar to the apple airtag and cannot find any information that will tell me if design is patented or not.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: When considering selling a GPS tracker similar in design to Apple's AirTag, it's crucial to be aware of intellectual property laws, particularly design patents. Apple may have design patents protecting the unique appearance of their AirTag, which means replicating this design could potentially infringe on their rights.

Even if you don't brand or market your product as an Apple AirTag, the similarity in design could still lead to legal issues, including claims of infringement. It's advisable to conduct a thorough patent search or consult with a patent attorney to understand if any existing patents cover the design of the AirTag.

Remember, intellectual property laws are complex, and inadvertent infringement can have significant legal consequences. Taking steps to ensure your product has a distinct design and does not infringe on existing patents is a wise approach to mitigate potential legal risks.

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