I have a product that I am at the last stages of importing and have stumbled on a another product of similar design that is currently in application (29598689) of a design patent.

As the product itself is generic across the board, I am not sure if I would be infringing such a patent if approved.

Would my design that is currently manufactured by a number of companies and sold in parts of Asia infringe the relating applicants design? Photos attached & links below.

My suppliers product:http://www.organicfactory.co.kr/product/list.html?cate_no=69

Patent pending product: https://www.amazon.com/Toddler-Travel-DMoose-16-Inch-13-Inch/dp/B01N2YJYEY/ref=sr_1_1?ie=UTF8&qid=1498095371&sr=8-1-spons&keywords=car+seat+travel+tray&psc=1

Thanks Patent Pending product

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  • Specific infringement issues should be discussed with an attorney. We don't provide legal advice here – DonQuiKong Jun 22 '17 at 5:59
  • Could you link to the application? As DonQuiKong says, we can't provide a legal opinion, but we can help you interpret the application. – Eric Shain Jun 22 '17 at 11:59
  • I couldn't find the application. When I tried it on the US Public Pair site I get that it is either not available or an incorrect number. No good searching for it on patents.google.com either. – Eric Shain Jun 22 '17 at 18:21
  • Can you apply/be issued for a design patent when the actual design is more of a functional feature? For example the curve at the base of the product pictured. It is more of a function as it "wraps" around the body of a child when positioned. This curve is commonly used in most trays. – Wellz Jun 29 '17 at 0:21

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