Trademark & Copyright law against products?

Question

Why is that some products are identically similar but are still being sold?
For instance -
Vasaline Lotion/moisturizer product looks similar to CVS brand (same bottle color same color combination e.t.c)
Head & Shoulder Shampoo Similar to CVS brand.
Multivitamins bottle
Honda Accord 2004 design similar to Hyundai Sonata 2004 design only diffrent is the logo and little changes on the body kit and lights.
Nike Hats being sold in gas stations but they aren't Original Nike Hats made by some unknown company
Some MP3 Players are identically similar but diffrent names.

I know some what the law was if an item is identically similar to another then their is a copyright or trademark infringement. But how is that these companies get away with it. What's the law in terms of reality e.t.c
Thanks

Answer 1

Vaseline has been around for ever, which is a trade name, petroleum jelly is the generic...Other things probably are not identical per proportions. Also, Patents are only good for a limited number of years, 7 I think and renewable once for another 7. I could be wrong but it is somewhere in there ( not to be confused with copyright).

I don't think you can get a patent on the way something looks unless it is integral to the function of the device. Headphones for example..it.

Answer 2

identically similar is not a case of copyright theft.
the 2004 hyundai doesn't look like the 004 accord, by any stretch of hte imagination btw.

Copyright is only used for works that are published, what you are claiming is trademarks.

trademarks are used for names of items (brand names in this case). Vaseline is a trademark. however the ingreidients to for their lotion can be same across several brands; however different brands have different ways of mixing, or in different proportions than each other. This is where a patent comes into play


Store brands are simply just cheaper version of name brand items. They have the same ingredients and probably mixed in different proportions.