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Patent infringement query

Discussion in 'Legal Aspects of Running a Business' started by Cryhav0c, Jul 7, 2018.

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  1. Cryhav0c

    Cryhav0c Member

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    I am new to this forum as I’m searching to ascertain if anyone else here is a small entrepreneur that has had to deal with this issue. We have 3 patents now and have an individual that is continually copying everything we do in online retail from plagiarizing our ad copy to blatantly copying our products. We have done much research and everything leads to big dollars spent with law firms to address this problem. Are there no resources beyond threats that a small entity can utilize to combat these people? This individual isn't even foreign. I’m referring to a US citizen merely ripping people off. They have a lengthy track record of this behavior and I don’t see it stopping. Looking forward to any input. Thanks
     
  2. djbaxter

    djbaxter Administrator Moderator Member

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    I am NOT a lawyer so read the rest of this post with that in mind.

    Those are two separate questions.

    The first one should be a matter of pursuing a claim against them for patent infringement if you own valid patents.

    The second one - plagiarism - you can probably prove easily if you have evidence of prior publication. If so, you have evidence of copyright infringement and can seek financial compensation for that as well as apply to Google for a DMCA take down.

    You may be able to find a lawyer or lawyers who will do this on "consignment" (not the correct term) where they would take their fees out of the proceeds of any litigation. If you have valid patents, it would be a matter of being able to show that their product infringes on your patents.

    Depending on how big the thief's company is, you may not have to go very far to back him off either. Sometimes, a letter from a lawyer threatening action is enough to get to a settlement.
     
    VirtualGlobalPhone likes this.
  3. mfawcett

    mfawcett MVP

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    Yes, that is the first thing I would look into. A Cease and Desist Letter written from a law firm on their letterhead.
     
    djbaxter likes this.
  4. VirtualGlobalPhone

    VirtualGlobalPhone Moderator MVP Member

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    I recommend you to go slightly back.. email them and call them. Sometimes direct communication between resolve many issues.
     
  5. djbaxter

    djbaxter Administrator Moderator Member

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    Not when someone is stealing from you. In cases like that, there's nothing like a good strong legal threat.
     

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