If I was to take a chainsaw that had no patented parts in it, take a mold of each piece, and begin selling (or giving away) the exact replicas (minus the branding), could I be prosecuted for theft of R&D fees and such?
Per that Wikipedia article: “Trade dress must also be nonfunctional in order to be legally protected; otherwise it is the subject matter of patent law.”
I was specifically referring to the functional parts of the device.