How to Know if a Vendor is Violating Somebody Else's Patent

[noobster]

Company A is located outside of USA, but sells their products in USA. There is no known design patent from theirs. However, they own trademark. Products that they sell is mass produced in China.
Company B purchases a look-a-like from China but with a personal design of Company B's own brand name.

Questions:

1. How will Company B know if that specific product is a private labeled good? Or if it is a stolen design? (No design patents were publicly found)
2. Can Company B hire someone to do an investigative research if Company A does own a design patent?
3. Can Company A sue Company B (who is based in USA) and successfully win in court?

Thank you for any answers

[aaron]

1. They will have to do extensive 'due diligence'. There's no "one size fits all" model.
2. Yes, they can hire people or companies to search for patents and infringements.
3. If you violate somebody else's patent, even if you did so accidentally, they can potentially sue you and win.

[noobster]

Hi aaron,

Thank you for your reply. I have another question -

A mass-produced product released into the mass market -- is this considered copyright infringement or not? I'm thinking it's not... but always good to get a second opinion.

Thank you again.

[nadsab]

Hi aaron,

Thank you for your reply. I have another question -

A mass-produced product released into the mass market -- is this considered copyright infringement or not? I'm thinking it's not... but always good to get a second opinion.

Thank you again.

Copyright and patents are completely different situations. Are you talking about the actual "brand name" of the product in question? If so, you are talking about trade mark - not copyrights or patents...