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Trademark laws can be used to prevent knockoffs, but they have limitations. Trademark protection only covers the trademarks a company uses to identify its goods and not what the items look like or how they are manufactured. For example, under the law, a handbag that is identical to that of a well-known brand is only a counterfeit or knockoff if it bears a fake trademark. The identical bag under another name or without any trademark is not considered illegal.
"The creators of new designs should look to maximize protection under the design patent laws, but should also give proper consideration to maximize protection under the trademark laws," Katz said.
"The creators of new designs should look to maximize protection under the design patent laws, but should also give proper consideration to maximize protection under the trademark laws," Katz said.
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