Dealing with trademark, patent, IP?

[lnBetween]

Hi, I'm currently searching on Alibaba for product ideas after reading some Amazon/importing threads on this forum. But I'm wondering how to make sure that the product I'm about to import doesn't infringe any trademark or patent?

For example, I see many mp3 players for sale and there's definitely intellectual property associated with the design of the products. Can I still simply put my branding on the product and claim that it's my own?

Another example, what about generic iPhone cables? Wouldn't I get in trouble if I simply put my branding on them?

Those are 2 obvious examples but there's IP associated with most products and don't know how I should deal with that.

Thanks!

 

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[Y.B.]

I've seen that issue as well and was wondering the same thing. I've seen socks that look identical to nike's but unless you spot that, there is no way you would know without doing a comprehensive design search.

 

[lnBetween]

I would REALLY appreciate if someone with importing experience like @JAJT , @biophase , @Vigilante , @1step would accept to give us his thought about the subject.

Thanks!

 

[Vigilante]

One of the reasons this thread is not drawing a ton of response, as the subject asks for a legal conclusion, or legal advice. We're not qualified to answer your question from a legal perspective. As I am a paralegal in Minnesota, the State of Minnesota requires me to say that any comments I have on this subject are not legal advice, that I am not an attorney, and if you have questions regarding trademarks and the potential violation of patents, etc.. that you should seek competent legal advice. The reason for the huge disclaimer is that if you listen to what someone says here, and act on it... you could then later enjoin them into your legal issues for giving you bad "legal" advice. I'm not an attorney, so can't give you legal advice.

The rule of thumb is that if it is gray area, run away.

MP3? Not only is it an industry plagued with lawsuits, but electronics in total carry huge liability for importers with huge consumer issues, warranty issues, and IP related issues. Plus, MP3 players themselves need to have several licenses paid, and a lot of shady Chinese manufacturers don't comply. You won't find that out until the goods hit customs, at which point they will be frozen and ultimately liquidated/destroyed at your expense.

Not sure about generic iPhone cables, but what I can tell you about them is they are a dime a dozen. Here's one for .01 cent plus free shipping on an eBay auction listing http://www.ebay.com/itm/New-USB-Dat...Phone_PDA_Cables_Adapters&hash=item234699b61e

So... keep pressing. Find products that will keep you so far out of harm's way that your OP is not ever in question. You have the right idea, but the wrong products. Stay away from commoditized products, products which even have a hint of infringing on someone else's intellectual property, or products that are readily available without you in your area.

There are literally hundreds of thousands of products you can pick from, so don't pick ones that are likely to bring you issues.

 

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[lnBetween]

... Stay away from commoditized products, products which even have a hint of infringing on someone else's intellectual property, or products that are readily available without you in your area. ...

Thanks Vigilante for your insight! Much appreciated! Rep added.