I am wanting to bring a product into the country that is/has done very well overseas..... there are two main labels in the US selling the same product with their own labels on them .
After doing hours (and hours!) of research I have found that an American manufacturer came up with the design many moons ago!
I have since found a manufacturing company in China who makes this product for one of the U.S company's .
This same company is now making the same product for an Australian company (with their label sewn onto the garment) & says they have been made an agent .... so it's a no go zone.
Now this design is not original but the manufacturer in China is claiming it is, they have stated they do not have a agent agreement in the U.S.
My question is can I go to another manufacturer & show them the design & get my own label placed on the garment ... and if not how much change to the design will need to be made,( the design has been around since the 70's) how do I find out about copyright on the design?
Thankyou.
* I forgot to add that there are many many of this garment around, I can only seem to find two company's who manufacture them...one in China & the other in the U.S. But there are loads with all different labels on them.
Quoting from [Buttons]:I am wanting to bring a product into the country that is/has done very well overseas..... there are two main labels in the US selling the same product with their own labels on them .
After doing hours (and hours!) of research I have found that an American manufacturer came up with the design many moons ago!
I have since found a manufacturing company in China who makes this product for one of the U.S company's .
This same company is now making the same product for an Australian company (with their label sewn onto the garment) & says they have been made an agent .... so it's a no go zone.
Now this design is not original but the manufacturer in China is claiming it is, they have stated they do not have a agent agreement in the U.S.
My question is can I go to another manufacturer & show them the design & get my own label placed on the garment ... and if not how much change to the design will need to be made,( the design has been around since the 70's) how do I find out about copyright on the design?
Thankyou.
* I forgot to add that there are many many of this garment around, I can only seem to find two company's who manufacture them...one in China & the other in the U.S. But there are loads with all different labels on them.
Anyone....at all who can help me?
If it is a simple garment without a logo or trademark or any special features, then from my limited knowledge of what you are discussing, it would be difficult to obtain a patent or design patent on the product.
It may be advisable to check with the Chinese manufacturer as to their unwillingness to sell to you to distribute in the . My guess is that they have an agreement with the company which prevents them from selling to other competitors in the market.
If this is the case, then this restriction is based on contract and not on restrictions due to registered intellectual property such as patents or copyrights, so you should be free to find another manufacturer who can produce the product.