Larkspur, CA asked in Intellectual Property and Products Liability for California

Q: I have a product from Alibaba. Product looks similar but not same and it is unbranded. Is it okay to sell in the US or n

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To answer this question thoroughly, we need to consider several legal and ethical aspects:

1. Intellectual property:

- Even if the product is not an exact copy, it may still infringe on design patents or trade dress if it's too similar to an existing product.

- Unbranded doesn't necessarily mean free from IP issues.

2. Product safety:

- Products sold in the US must meet applicable safety standards and regulations.

- Imported products need to comply with US Consumer Product Safety Commission (CPSC) requirements.

3. Liability:

- As the importer and seller, you could be held liable for any issues with the product, including safety defects or IP infringement.

4. Customs and import regulations:

- Ensure the product complies with US import laws and regulations.

- Proper documentation and potentially certifications may be required.

5. Consumer protection:

- Selling unbranded products may raise concerns about product origin and quality.

- You may need to provide clear information about the product to consumers.

6. Business ethics:

- Consider whether selling a product that closely mimics another brand's design aligns with your ethical standards.

Given these considerations, it's not a simple yes or no answer. To proceed safely:

1. Consult with a lawyer specializing in product liability and intellectual property.

2. Have the product assessed for compliance with US safety standards.

3. Ensure you have proper import documentation and meet all customs requirements.

4. Consider product liability insurance.

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