A friend of mine creates jewelry and came up with a design that she didn`t protect. While leafing through a beading magazine one day she saw the same exact design. She doesn`t believe this person copied her; she just thinks it is simply two people tinkering around with beads and coming up with the same design. She now wants to sell her pieces of jewelry, in the same design she saw in the magazine that she herself had already been making. She didn`t see where the other person had her idea protected, but she is wondering if she can legally make and sell this design, since this design was in a magazine. Thanks!
I just did a patent search for her, to see if this design was patented, and did not see where it was. I know the photo in the magazine would be copyrighted, but I don`t believe this particular design is patented.