Some one claiming you copied his patented logo

[John2006]

What is the name of your state? IL

I recently received a phone call from individual threatening attorneys on me for selling a fake, for an item which I have imported and am selling on the web and on ebay.

There is a circular mark on the item which I have imported. This guy has also patented a circular mark. The two marks are very much different.

My question is normally what the legal process is if some one claims that you are selling a product with his logo (Which is not true in my case).

How much close the 2 marks should be to say it is copied item.

Should I go and get an attorney??

Thanks,
John

 

[divgradcurl]

What is the name of your state? IL

I recently received a phone call from individual threatening attorneys on me for selling a fake, for an item which I have imported and am selling on the web and on ebay.

There is a circular mark on the item which I have imported. This guy has also patented a circular mark. The two marks are very much different.

My question is normally what the legal process is if some one claims that you are selling a product with his logo (Which is not true in my case).

How much close the 2 marks should be to say it is copied item.

Should I go and get an attorney??

Thanks,
John

Are you talking about a patent (I guess it would have to be a design patent) or a trademark?

 

[GaAtty]

The legal process is to wait until the person has an attorney write you a letter or sue you. The person obviously doesn't have an attorney, or you would have gotten either a letter or a lawsuit. You could hire an attorney to research the design and see if it has a patent or copyright, oryou could just sit tight and wait. Even if you were selling someone's design and you should not, they still would have to go through a court proceeding to make you stop or to get money damages from you. It is unusual to just get a telephone call like that from a non-attorney. How close the two items can be is a decision that an attorney should make, but they need to see your item and the other one to be able to do that.