So, this is just a question and this isn’t pertaining to any legal case including me, and I most definitely do not expect legal advice.
Someone is making iPhone 4 cases. Their method of creation is buying generic, pre-made phone case with a clear backing and then using adhesive to bind printed fabric to the inside of the clear backing of the case.
They did not create the cases and they did not design, weave, and produce the fabric. They bought both items separate and combine them to make the final product.
They do not own a patent on the designs, though their website states “Patent Pending”. They have states they are attempting to patent the process of making the cases.
Now, would they be able to stop other people from buying identical blank phone cases from the same source as them, then buying fabric with different prints on it and making similar phone cases?
The only difference between their cases and someone elses would be the print of the fabric.
Is this legal? Or do they have the right to stop anyone from gluing printed fabric to the back of a case and selling it?
For reference, they are NOT the first to do this, they are just the ones who got popular for it by chance. Does this affect their rights to the phone cases?
Just looking for opinions mainly as I am interested why someone would think they can claim ownership for something they did not originally conceive and something that is just a combination of premanufactured items available to anyone on the market.