The Red Witch brand name is a registered trademark in the USA.
The intellectual property of Red Witch is encapsulated in the Red Witch Brand reputation.
No design patents have been sought, as with all analog pedal manufacturers, uniqueness would be hard to prove. Despite this, while many people have admired Red Witch no one has replicated Red Witch's design features while achieving the tone quality Red Witch is renowned for.
Copying by reputable brands in the music industry is considered "uncool", and anyone that does it would immediately erode their own brand strength and reputation, and you need to have a credible brand to sell at the top end of the market.
Less reputable budget brands who may try and make the same in a cheaper package will always struggle to replicate the quality and tone of a more expensive pedal. Sometimes these cheaper brands will act as 'feeder' brands to the high end brands, as young aspiring guitar players move up the value/tone ladder.
Great pedal designs don't date
Below is a link to a March 2015 review of the Red Witch Moon Phaser by a prominent German music publication. Red Witch's German distributor says "this is an Ultra, 5 star rating, they love it! Truly love it".
What makes this special for Red Witch is that this pedal was in the market in 2003 and 12 years later it is still receiving 5 star reviews, and it still hasn't been copied.