Our products have a very distinct design and recognizable appearance. The integrity, authenticity and protection of our original designs is something we take very seriously. Where applicable we obtain trademarks, design patent and registered copyrights for each design. In a perfect world we wouldn't have to mention any of this. Unfortunately, integrity has a different meaning for some. We suspect these are the same individuals who did not learn the most basic lesson in grade school that cheating is wrong. Plagiarism of one’s designs is tantamount to theft. There’s no ambiguity here. Thankfully the law, specifically intellectual property, is structured to recognize this. Equally unfortunate is that a lot of people are misinformed about copyright and trade dress protection. The “Duck Rule” is a simple way to look at the issue. If it looks like a duck, walks like a duck, quacks like a duck—it’s a duck. Or, the popular “Lipstick Rule.” If you put lipstick on a pig, it’s still a pig. Translation: If you knowingly copy our designs and an average person would mistake them for being the same or similar as ours—you just crossed the line. It's a costly gamble with the "House" odds stacked in our favor. There is precedent in U.S. Federal Courts for protection against knock-offs. Furthermore, any copying or duplication of any drawings or product photographs on our website is strictly prohibited.
You should be aware that it is our policy to vigorously enforce and protect all intellectual property owned by Kensington Smith, LLC against infringement or misappropriation. Lucky for me... I’m the “Black Sheep” designer in a family of attorneys.