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[trialanderror]

There is a good selling auto part accessory that doesn't have any patent markings (which I understand is necessary if it is patented). It is a product that can be CNC milled and I was wondering if I can have it copied (almost identically) and sell it in the US without getting in trouble. New user here, hope someone can shed some light.

[Oh, Crud]

There is a good selling auto part accessory that doesn't have any patent markings (which I understand is necessary if it is patented). It is a product that can be CNC milled and I was wondering if I can have it copied (almost identically) and sell it in the US without getting in trouble. New user here, hope someone can shed some light.

From a patent standpoint: Your premise is wrong.  There is no requirement to mark patents on products.  There is a benefit to doing so, but no real requirement.  So you're back to square one when it comes to knowing if the product is patented, and to be sure you're not infringing, should probably engage a patent attorney. 

On the other hand, sometimes ignorance is bliss.  Some people enter the marketplace without doing any sort of patent search, since the law does not require them to do so.  The penalty for this, if it turns out the product is covered by valid patent, is you may be required to pay damages on any sales after you receive notice of the patent and alleged infringement.  Also, the patentee may be able to get an injunction to force you to stop selling the product.  So bliss can sometimes get you some damages in court and you could be out your start-up costs, equipment costs (if you can't use it for something else), etc.  Hmm... and let's say you get some juicy supply contracts with Advance Auto Parts or the like, do you have to pay them some damages if you abruptly stop being able to meet your supply obligations? (No clue, just thinking out loud.)

Other considerations:  When you say auto accessory, I tend to think of things that may have at least some artistic or aesthetic aspects.  Could be these are protected by copyright or other IP protections, and I'm not the best person to comment on these.

[Simpletown]

35 U.S.C. 287 Limitation on damages and other remedies; marking and notice.

(a) Patentees, and persons making, offering for sale, or selling within the United States any patented article for or under them, or importing any patented article into the United States, may give notice to the public that the same is patented, either by fixing thereon the word "patent" or the abbreviation "pat.", together with the number of the patent, or when, from the character of the article, this cannot be done, by fixing to it, or to the package wherein one or more of them is contained, a label containing a like notice. In the event of failure so to mark, no damages shall be recovered by the patentee in any action for infringement, except on proof that the infringer was notified of the infringement and continued to infringe thereafter, in which event damages may be recovered only for infringement occurring after such notice. Filing of an action for infringement shall constitute such notice.

Basically the above by Oh, Crud is true. If your start up costs are significant it is worth making sure it isn't covered under a currently enforceable patent. However if the cost is minimal, and the product is not marked on the item itself or the package, you are better off not knowing. This way you have time to sell whatever you want until you get a letter in the mail telling you to stop. The best of all scenarios is that it was patented, but the patent term has run out. That way you can make exactly the same item and know that any suits should be unlikely unless the company is serious about Evergreening.

[bleedingpen]

keep in mind that the AIA is going to change the patent marking rules.

[miruna]

i thin it can help you 

http://www.etkinpatent.com/patent.html