# Product Development Theft? **URL:** \ **Category:** Factual Questions\ **Created:** [October 7, 2007, 5:11am UTC](https://boards.straightdope.com/t/product-development-theft/421827 "2007-10-07T05:11:19Z")\ **Posts on this page:** 4\ **Page:** 1
**Author:** ![Sage\_Rat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sage_rat/32/399_2.png) [@Sage\_Rat](https://boards.straightdope.com/u/Sage_Rat)\ **Post date:** [October 7, 2007, 5:11am UTC](https://boards.straightdope.com/t/product-development-theft/421827/1 "2007-10-07T05:11:19Z")
In another thread, another poster said the following: [ > [@Mr2001](#): > > if you’re Home Depot and you _build your own identical chainsaws_ to give away for free, you’re not stealing. See the difference? ]([http://boards.straightdope.com/sdmb/showpost.php?p=9049573&postcount=50](http://boards.straightdope.com/sdmb/showpost.php?p=9049573&postcount=50)) I was wondering as to the actual truth of this. 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? ---
**Author:** ![beowulff](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/beowulff/32/542_2.png) [@beowulff](https://boards.straightdope.com/u/beowulff)\ **Post date:** [October 7, 2007, 5:24am UTC](https://boards.straightdope.com/t/product-development-theft/421827/2 "2007-10-07T05:24:12Z")
Apple wins lawsuits all the time for this. They call it “infringement of trade dress.” > **[Trade dress](https://en.wikipedia.org/wiki/Trade_dress)** > > Trade dress is the characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is an aspect of trademark law, which is a form of intellectual property protection law. > Trade dress is an extension of trademark protection to "\[t\]he design and shape of the materials in which a product is packaged, \[primarily\]. 'Product configuration,' the design and shape of the product itself, may also be... ---
**Author:** ![Sage\_Rat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sage_rat/32/399_2.png) [@Sage\_Rat](https://boards.straightdope.com/u/Sage_Rat)\ **Post date:** [October 7, 2007, 5:33am UTC](https://boards.straightdope.com/t/product-development-theft/421827/3 "2007-10-07T05:33:16Z")
[QUOTE=beowulff] Apple wins lawsuits all the time for this. They call it “infringement of trade dress.” > **[Trade dress](https://en.wikipedia.org/wiki/Trade_dress)** > > Trade dress is the characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is an aspect of trademark law, which is a form of intellectual property protection law. Trade dress is an extension of trademark protection to "\[t\]he design and shape of the materials in which a product is packaged, \[primarily\]. 'Product configuration,' the design and shape of the product itself, may also be c... [/QUOTE] 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. ---
**Author:** ![ftg](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ftg/32/2801_2.png) [@ftg](https://boards.straightdope.com/u/ftg)\ **Post date:** [October 7, 2007, 4:30pm UTC](https://boards.straightdope.com/t/product-development-theft/421827/4 "2007-10-07T16:30:35Z")
Another form of protection are [design patents](http://en.wikipedia.org/wiki/Design_patent). But again, those are for ornamental aspects. If it’s all functional and the patents are expired, then you’re apparently good.