More details to this question:
I invented, patented and manufactured a product. My patent is assigned to the company I am building. I wholesaled a small quantity of my product to a retail store that has a popular online shop. This company is using my product photos with their logo (instead of my trademark) and also altering the name of the product, without license from my company. Is this patent infringement? If not infringement, surely this can't be legal can it? Any advice would be appreciated.
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Intellectual Property Attorney serving Spokane, WA
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No, it isn't patent infringement. A patent prevents a competitor from making, using, or selling, without permission, a product that meets the limitations of any one of the claims in the patent document. You could speak with a trademark lawyer as to whether or not it is "passing off."
Answered on Mar 11th, 2011 at 11:42 AM
Look up "The doctrine of first sale". Basically once you sell it to them they can resell it to whoever. Your rights to sell under patent infringement are extinguished. The fact that they are using a different trademark and essentially rebranding your product is a different issue. How were you damaged? If you think that you lost a sale to whoever buys the goods from them you are wrong. The end user got you product and you were paid for it. Since they did not use your trademark they did not tarnish or dilute your goodwill and reputation. How exactly were you hurt? What exactly are your damages? If the consumer likes the product the way that your retailer brands them then they make more sales and you make more sales.
Answered on Mar 11th, 2011 at 11:39 AM