Can I use different pattern shape in order to avoid copyright infringement issues?

Question

I found out that another company has already patented the idea that I had last year, however, the shape of my pattern used is different as well as the construction and amount of materials used. Am I able to still create my product (I'm a one-person shop) and sell it without incident?

Answer 1

You use two different concepts (patent and copyright) that are not the same.

If they have a patent, it involves the way something works and what it does.  Different shapes and/or materials do not usually matter.  What matters is how it works.

If they have a design copyright, however, it often comes down to the possibility of confusion.  If your design is sufficiently different that a person would not reasonably be confused, you're probably okay.