Kimberly-Clark Diaper Design Patents

[Wet Wolf]

Pretty good read on the intellectual property side of things: http://patentlyo.com/patent/2014/07/federal-circuit-dismissal.html

[AwakenEvil]

My wife makes stuff on itsy (probably spelling that wrong) and has had crazy people email her about getting sued for making something a few times. She makes baby tag blankets and has had some people email her. She basically told them to fuck off.. how can you patent square cloth and tags hanging out.

[Angela Bauer]

Pretty good read on the intellectual property side of things: http://patentlyo.com/patent/2014/07/federal-circuit-dismissal.html

[DiapermanAl]

So who's patent are they taking? Im confused.

[willnotwill]

This is why virtually all attorneys currently in practice graduated from law school before taking bar exams. IP Law is a specialty, needing additional training and experience.

Most graduated from law school because nearly every state in the country (other than California and in one odd exception, Virginia) requires a legal degree from an accredited school before you are eligible to take the test.

[willnotwill]

So who's patent are they taking? Im confused.

[Bettypooh]

The site owners who receive such demands are stuck with having to accede to them or to become named in a complaint themselves. It is not exactly their fault when this happens as each 'merchant' is supposed to ensure legality prior to 'advertising' their product. I think a lot of people make infringement errors without intending that. After all with the zillions of patents and copyrighted designs it's impossible to say with certainty that nobody can claim infringement. If you get one ot these "cease and desist' notices, best do as they ask and before offering your goods again, find out what they think is the basis of infringement, then change that. You're also wise to have a LLC set up for your sales, otherwise they can go after everything you've got

[Dill_Pickle]

Actually, it was Kimberly-Clark that stood accused of infringing a design patent...which looked basically like a pair of gusseted boxers...nothing like the goodnight's boxers or Depends products accused that weren't even boxers!!!!

[WBDaddy]

The site owners who receive such demands are stuck with having to accede to them or to become named in a complaint themselves. It is not exactly their fault when this happens as each 'merchant' is supposed to ensure legality prior to 'advertising' their product. I think a lot of people make infringement errors without intending that. After all with the zillions of patents and copyrighted designs it's impossible to say with certainty that nobody can claim infringement. If you get one ot these "cease and desist' notices, best do as they ask and before offering your goods again, find out what they think is the basis of infringement, then change that. You're also wise to have a LLC set up for your sales, otherwise they can go after everything you've got

[spark]

Actually, a great many companies bully Ebay and Etsy and other places over issues that are NOT infringement.

[Dubious]

Well, a good rule when selling stuff is to never sell it in your own name

Make a company that stands on its own, Joint-stock company?

Never keep much money in the company

Then you are safe if they sue you as you can just bankrupt it and make a new one