they could have become licensed by the company who already created the product.... or they can do what you said and do it successfully until they receive three letters stating they must stop of face litigation.... ALL OF WHICH IS LEGAL UNDER THE CURRENT LAWS OF USA....so its possible, but unlikely
they most likely have created their own product and have yet to file patent which does take time and $$$$... or they have and they are waiting to release it along with the fact that units are on the shelves
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