Wet Wolf Posted July 14, 2014 Share Posted July 14, 2014 Pretty good read on the intellectual property side of things: http://patentlyo.com/patent/2014/07/federal-circuit-dismissal.html Link to comment
AwakenEvil Posted July 14, 2014 Share Posted July 14, 2014 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. Link to comment
Angela Bauer Posted July 14, 2014 Share Posted July 14, 2014 Pretty good read on the intellectual property side of things: http://patentlyo.com/patent/2014/07/federal-circuit-dismissal.html Link to comment
DiapermanAl Posted July 14, 2014 Share Posted July 14, 2014 So who's patent are they taking? Im confused. Link to comment
willnotwill Posted July 14, 2014 Share Posted July 14, 2014 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. 1 Link to comment
willnotwill Posted July 14, 2014 Share Posted July 14, 2014 So who's patent are they taking? Im confused. Link to comment
Bettypooh Posted July 14, 2014 Share Posted July 14, 2014 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 Link to comment
Dill_Pickle Posted July 15, 2014 Share Posted July 15, 2014 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!!!! Link to comment
WBDaddy Posted July 15, 2014 Share Posted July 15, 2014 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 Link to comment
spark Posted July 16, 2014 Share Posted July 16, 2014 Actually, a great many companies bully Ebay and Etsy and other places over issues that are NOT infringement. Link to comment
Dubious Posted July 20, 2014 Share Posted July 20, 2014 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 Link to comment
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