Product idea for a different industry, what should I do?

[Denim Chicken]

I have an idea on how to improve a product that I use regularly. In my niche I've gone over the competition and what's available on the market and my idea or value add would make it better. The current solutions are good or good enough but I feel like it can be better.

The problem is this.. I invented a product to fulfill this issue. I drew it up on illustrator. Got a prototype going.

I found out that this product design exists already and is patented by a very well known brand but in a completely different niche/industry. So an example would be if I was trying to make better carry bags for the Kids niche and nothing exists but I found that my idea actually exists in the outdoors niche.

I looked at this product and it can use some minor tweaks, like colors, the size of it, the way it looks, etc. to fit my particular niche. But honestly it might do okay as is.

There are a few obstacles:

1) The product currently exists is patented. It's a recognizable company in major retailers. You can find all the details of the patents online. However, it's unclear to me if it's just the design patent of a particular aspect of the product (i.e. the zipper and how it opens) or if they patented the function of the product. There are a dozen patents and from what I can read and see of the drawings, they have a patent on the opening of the product. Not what the product is supposed to be used for. For example, they patent some kind of special zipper for the bag. But the bag is used for weightlifting or putting things in it. So if I take this idea and make a product (Without their patented zipper) and market it in the Kids department, is this problematic legally?

2) I emailed their contact asking if they private label. The advantage to this is that their product, being made in the US and already researched and developed by a major manufacturer, will be top notch. Shipping, customs, language barrier, all are solved. But, the margins may be higher. AND, the biggest issue is when I ask if they private label, he said they could but he wants to know how many units, and for what use and where I would be selling.
I do not want them knowing this as if they are my sole supplier, they can cut me off or just undersell me from their own brand. I have no control at all.

So The other option is to find a chinese knockoff, which exists. And from what I can tell, they dont have the patented part of the product (i.e. zipper) so it wouldn't be patent infringement, just a different product. And in a different niche.

The dilemma is if I cant do it legally, well that sucks. If I can do it, then the problem is others can do because its just using a product for a different niche with slight changes and branding. I'm hoping first to market to help in this case but ultimately, if there arent changes then we will end up competing on price.

There must be a silver lining in all of this though. Thoughts?

 

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