QUESTION
Design patent pending and infringement
Asked on Apr 18th, 2013 on Intellectual Property - California
More details to this question:
I am in textile business. My competitor filed an application for design patent with a textual print. Pictures in application form show text, printed in both sides of fabric in vertical position. My print is text printed on one side of fabric horizontally with a bigger font. My competitor assure me that anything that is "text on fabric" is infringement and details such as a font size, and angle don't matter. My competitor threatens to sue me and demand "cease and decease" all my stock. Is it legal? Isn't my fabric pattern different from his? What are his rights in general and at this point of process (patent pending)? Is he right about owning "any textual design on fabric"? Thank you in advance.
1 ANSWER
He has no rights until a patent actually issues and that may never happen. Just wait and see if he gets a patent. I cannot comment on what rights he might have until seeing the design, but it will not cover any texual design on fabric.
Answered on Apr 18th, 2013 at 3:20 PM