What is the ruling on taking a clothing sample from another store (whether Muslim or non-Muslim) and manufacturing similar items with a slight difference in the model and selling them at a lower price? And what is the ruling on selling this sample?
If the sale of goods involves fraud and deception of the buyer, such as making him think that a new product is the same as an old one, or if it involves taking a registered trademark or trade name, then this act is forbidden because it contains deception or an assault on the rights of others. The Islamic Fiqh Academy has affirmed that trade names, addresses, trademarks, copyrights, and inventions are private rights that are legally recognized and may not be violated, whether the owner of the right is a Muslim or a non-combative disbeliever. However, if the disbeliever is a combatant, it is not permissible to imitate his trademark to promote counterfeit goods, as this involves deceiving the buyer. As for a product that is similar in form and design but has a different trade name, there is no objection to it, provided that it is not among the forbidden types of clothing.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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