Hi Mamas! I have a nursing cover that works great and I want to make similar ones to sell on etsy. But when I read the care label, its patents were listed. Does that mean I can't make them to sell? Thanks Ladies!
So I have found a way to improve on the nursing cover, so i will do it that way. And FYI I am not planning to go global with this and there are already copies of the original design made by someone else on Etsy- not my doing. I am not planning to ruin someone's life and what little extra money I can make from my improved design will not even be felt by the other big company. But thank you all for your input, it did help me weigh my choices.
My uncle has some items patented and got very upset because his competition was able to change just one little thing about the designs and was then able to have their own patents. This upset him so much since he spent YEARS designing and trial and error plus the presentations to the patent committee that he literally closed up his shop and has done NOTHING with his life since.
Someone put a lot of hardwork, money and time creating those nursing covers, not to mention the cost and hardwork of having them manufactured, selling them to companies, advertising and all the things that go along with selling their invention. For you to come along and copy their idea, make it and sell it on Etsy is called patent infringement, it is illegal, it stealing and unethical! You may or may not get away with it, but only you have to live with yourself.
Of course you can make it, sell it, etc.
Just be prepared for a potential lawsuit because you are technically "stealing" somone else's idea which is patented.
You can't make it exactly the same. If you can find out a way to make it slightly different (there are alot of companies that sell nursing covers so this one company doesn't have the patent on that) you should be okay. Also I wouldn't mention the other company in your description of your item.
You need to also name it something different. Research some names and be sure your name is unique. For example, I know there are nursing covers called Udder Covers, so you couldn't use that. Same as if you were to make nursing pillows, you couldn't call them Boppys.
Make it slightly different, use different patterns, personalize it somehow and I think you will be okay.
I've seen a patent so I know what they might be able to cover under protection.
My ex-sister-in-law's business was to go to Europe, see the new styles in jewelry and accessories, copy them, and sell them to department stores for far less and of far less quality. I never asked her how she knew how much she had to change an item.
Wonder if you can look up patents on the internet?
