Patent Infringement: Shotgun Concho Dog Collar

[veedub3]

This guy is a joke! He couldn't possibly think he has a patent on any and every leather strap made with bullet conchos on it. Not to mention, he did not start his patent process until 2011, and it was not approved until March 2013; use in commerce would supercede this as I am sure dog collars with bullet conchos were in the market place looooooong before he started his patent process. All one would have to do is show the sale of a dog collar with a bullet concho on it before his patent was approved and there would be nothing he could do about it. I am amazed they even approved a patent on this. If I worked in a law firm I would definitely ask the question to be sure, just curious, but why have you not done that yet? Personally I think this guy is full of it.

Karina

[penguineer]

This guy is a joke! He couldn't possibly think he has a patent on any and every leather strap made with bullet conchos on it. Not to mention, he did not start his patent process until 2011, and it was not approved until March 2013; use in commerce would supercede this as I am sure dog collars with bullet conchos were in the market place looooooong before he started his patent process. All one would have to do is show the sale of a dog collar with a bullet concho on it before his patent was approved and there would be nothing he could do about it.

That is the way it's supposed to work. Turn up to court and present your prior art - no problem. Of course, that probably costs more than the settlement and maybe a "license". The ability of the patent holder to shop the courts for a nice venue also helps dissuade people fighting these things - apparently courts in East Texas are quite amenable.

I am amazed they even approved a patent on this. If I worked in a law firm I would definitely ask the question to be sure, just curious, but why have you not done that yet? Personally I think this guy is full of it.

Karina

The law firm does what the client wants. The patent office ensures that there is no obvious conflict with any other patent and that the patent was correctly filed. If there are problems they'll end up in court. What's the problem - it all makes sense to the lawyers.

An attempt to improve the patent system in Australia by introducing "innovation patents" resulted in an approved filing for "circular transportation device".......

Cheers!

[J Allen]

What a tool. The first leather item I ever made... back in 2004 was a bracelet with shotgun conchos. Unfortunately I have no photos.

Next thing he will patent is a "leather currency holder with recessed artistic impressions" then claim he invented the carved wallet.

I'd love to see a ton of leatherworkers rise up and create a band with bullet elements. Just bombard this turd with potential litigants and he wont be able to fight everyone. Not defending EVERY attempt will also void his patent or discourage him from trying to prey on people.

[camano ridge]

Personally I believe the best way to deal with this guy is to post his email address here. We will all be happy to let him know what we think of his patent.

Detriments of Design Patents

• Design patents do not protect the functional features of an invention (most inventions have functional features).
  
• Design patents can be relatively easy to design around by simply changing the overall appearance of the competing product.
  
• Difficult to protect different variations of product.
  

Edited May 15, 2013 by camano ridge

[Cyberthrasher]

I'd love to see a ton of leatherworkers rise up and create a band with bullet elements. Just bombard this turd with potential litigants and he wont be able to fight everyone. Not defending EVERY attempt will also void his patent or discourage him from trying to prey on people.

Actually that was a thought I had yesterday. We could all tool the words "bullet cartridge elements" on a strap and say "now THIS is infringing on your patent!!"

[J Allen]

Is this jackleg selling his stuff somewhere? Etsy or otherwise? Or did he just get the patent to irritate and intimidate people?

[mikesmith648]

I am going to make some this weekend.............not letting you guys have all the fun!!

and I will make him come pick up his royalty check in person................my royal foot up his ass!!!

[Cyberthrasher]

I just went looking for the like button. Laughing smiley will have to do.

[raysouth]

WOW !!!!

Who opened this guys door?

His design is much different than would be if one used the conchos, riveted tyrpe or screw back, and is plain if you take a look at the sketch. His apparently are something that appears to be the same size as the shell concho.

Also, it does not appear that he fully described the sewing, attaching methods in the description. If his is sewn and someone does the same, does that mean that anyone making a dog collar that is sewn is in violation of his patent?

ALL A BUNCH OF HOOKEY, I BELIEVE. Either that or some additional education would be of value.

Keep up what you are doing and let him hire someone to pursue the issue. Wish these types didn't exist but more seem to crawl out of the worm hole every day. lol.\\

God Bless.

[AndyL1]

Personally I believe the best way to deal with this guy is to post his email address here. We will all be happy to let him know what we think of his patent.

I agree!!! Let's flood this guys inbox with junk! Put him on EVERY spam website/newsletter available.