Patent Infringement: Shotgun Concho Dog Collar

[mikesmith648]

I am going to get a patent for "dead animal skins that have been treated and preserved for functional and decorative use"....................... WIN!!!!!!!!!!!!

[lwm803]

Those collars would hang up on brush, briars and barbed wire like crazy. Only someone who really hates dogs would ever consider using one of those blasted things. I suppose they would be safe enough if the dog were on a leash, but that is about it. I think he should be strung up for trying to sell a device that could be extremely hazardous to dogs, even when used as he intended. Worse design idea I have ever seen for a dog collar. Nothing in his pictures very closely resembles his drawings, I'm not so sure that his actual product would even qualify as "infringing" on his patent.....

[Go2Tex]

Until you get a letter from a lawyer representing the guy, don't even bother to respond.

[TwinOaks]

I think I'm going to apply for a patent on:

"Any process of obtaining generalized patents for things already inexistence and/or use, for the purpose of claiming legal patent status and trying to scam or extort monies from people that don't know any better, or, are afraid of legal action, or, are intimidated by the tone of the conversation, or, that don't have access to the internet and the collective knowledge base therein which could serve to reveal the scam and stop the process of extortion."

Then once it's obtained...grant licenses to all my friends here (after we make bullet concho collars so we can get letters) and go after him for illegally using my patented process.

Actually....would it be possible to patent the process of getting a patent and then sue the Patent Office for unlicensed use?

[camano ridge]

Edited May 27, 2013 by camano ridge

[JustKate]

I think I'm going to apply for a patent on:

"Any process of obtaining generalized patents for things already inexistence and/or use, for the purpose of claiming legal patent status and trying to scam or extort monies from people that don't know any better, or, are afraid of legal action, or, are intimidated by the tone of the conversation, or, that don't have access to the internet and the collective knowledge base therein which could serve to reveal the scam and stop the process of extortion."

Then once it's obtained...grant licenses to all my friends here (after we make bullet concho collars so we can get letters) and go after him for illegally using my patented process.

Actually....would it be possible to patent the process of getting a patent and then sue the Patent Office for unlicensed use?

That's just making my little head spin... ... but considering some of the things I've heard of people getting away with, it just might work, by golly!

[SeekingPerfection]

For anyone that ever gets a letter like this, do not even reply to these guys. Anything you say can and will be held against you. The burden is all on the patent holder. He can ask you to stop and if you don't, he is the one that has to hire an attorney. He is the one that is going to have to shell out court costs. These guys use fear to guilt people into paying them off. The last thing a guy like this wants to do is go pay an attorney thousands of dollars to go out and harass people (why he was the one to send the email). Alot of these small time "patant" holders dont even understand what their patent even covers.

I wouldn't even begin to worry about letter's like this until you get a certified letter in the mail from an attorneys office. The key is not communicating with these guys. Also a good reminder not to "steal" patterns and designs. Modify them and make them your own and you will eliminate 99% of the problems you may face.

[Tex Shooter]

One Point! He probably has already shelled out about $5,000 for the patent. I think that he is only protected against someone using shell casing trim. As with all patents, they don't apply to anybody making one or several for there own use, but just for selling the protected item. I own a couple of patents myself and several tried to get me to sign off on them so they could sell them without dealing with me. I never had to even warn anybody about a infringement of mine. None of mine are no longer valid. Here is one of mine. http://www.google.com/patents/US5490654?pg=PA4&dq=william+herriman&hl=en&sa=X&ei=FQaxUYP_OMmOqwGTkIAg&ved=0CDYQ6AEwAA

[LNLeather]

Wow, just found this thread and now I'm up waaaay after my bedtime - I just couldn't quit reading..........

Just look at how many people have read this thread and responded to it....

The Grizzly Gear guy has wasted Sooo Much Time, and probably money, for others...

I wonder - do you suppose this 'tool' has not only accused others but is Actually Making Money off people that didn't know

better, or have as good a resource as LW.net to learn about this sort of scam?

Is there a place to officially report this guy? Grrrrrrrrr I just hate this kind of dishonest behavior

[prc77ro]

Ok, I've been watching this thread for a while and did some research. First off there are definitions on the different types of patents and what they cover on the patent website-www.uspto.gov. Second, US Court of Appeals for The Federal Circut:2006-1562 EGYPTIAN GODDESS INC.(Plaintiff) vs SWISA, INC and DROR SWISA has some very interesting info if you have the time to read it all. One of the main things in it is how the courts come to their findings and this seems to hold true with Design Patent infringement:::

The Gorham Court then set forth the test that has been cited in many subsequent cases: "f, in the eye of an ordinary observer, giving such attention as a purchaser usually gives, two designs are substantially the same, if the resemblance is such as to deceive such an observer, inducing him to purchase one supposing it to be the other, the first one patented is infringed by the other."

I intrepret this as if someone makes a dog collar with shell casings on it and you put it and this schmuck's collar on a table side by side, if it looks or gives the appearence of "his" collar then you have infringed on his design patent. As stated in some older posts, if you use the conchos, do some tooling, maybe add some sheriff star conchos, do the edging and stitching like I know the members of this forum can, then there would be no question in the average joes mind that IT IS NOT this guys collar. And I 100% agree, if he has not started court procedings or you have not received papers from an attourney then I wouldnt even give it a second thought........and I would still sell them because he would have to show in court that yours COULD be mistaken for his.