Do “As Seen On TV” products have patent?
Do As Seen On TV products have patent? Do they have a brand?
Can anybody produce these products using the same name and design?
I just could not find the answer for these questions. It seems to be a very gray area.
Asked by:what_if
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Answer the Question! posted: 02 Mar at 10:58 am
You would have to research the individual product, but I would be very surprised if it wasn’t patented. The name and/or brands would be trademarked. So – No – You can’t sell the same thing, name and design.
Jocody posted: 04 Mar at 8:08 pm
You have to assume they have patent or patent pending status. I’m sure anyone spending a few thousands in a nation-wide infomercial is also going to protect his investment.
Brand? Yes they do, the name they use is the “brand” (trade-name/trademark), even if it’s a silly name.
“Can anybody produce these products using the same name and design?” NO, because that would be trademark and copyright infringement.
It’s not gray area. Patent and Trademark laws are very clear.
United States Patent and Trademark Office