Patent Infringement: Shotgun Concho Dog Collar

[cmantz]

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."

In my main business (screen printing/embroidery/etc), I so often hear people say "if you change it 20% you are fine", but that is not true. If it looks close enough to be confused as the original, than it is considered infringement..

[Cyberthrasher]

I so often hear people say "if you change it 20% you are fine", but that is not true.

Yeah, I would love to know where that came from!! If I can tell that you ripped me off and just changed it a little bit to make it yours, I'm still coming after you. How would that work with any other kind of theft? Can I steal your car and give it a new paint job and tires, therefore making it "mine". NO, and the same goes for artwork/design. Stealing it is stealing it regardless of how much you change. Come up with your own thoughts.

Now, that little rant had nothing to do with the overall issue here. We all know that this shotgun concho design wasn't stolen.

[cmantz]

From what I understand, it came from the art instructors. They would take their students to the art museums and sit them in front of the originals and tell them to copy it but to change it at least 20% so it couldn't never be confused. Not sure how true that is but that is what I heard.

[JustKate]

I caught a story on NPR last week that covered the subject of patent trolling. I thought you all would find this of interest.

http://www.npr.org/blogs/money/2013/06/07/188370495/when-patents-attack-part-two

[Tex Shooter]

OK for the other side! When I worked for companies as a designer I was involved in many patents and still do consulting work for a couple of companies. One of the things that happen when a company gets a patent is there is people out there that goes through new patents to copy and they do. Usually a company ignores these copies unless they start hurting there business on the product patented, then they are forced to do something. Usually what is done is a lawyer for the company will send a letter to the one making the copy explaining the companies position. If this don't get action then they may be steps taken to stop the infringement. Legitimate companies use patents to protect legitimate new ideas. Not every idea patented is a good one and some will never make anybody any money. If I was a company today I would be careful about spending the money to patent any leather products as there have been so many products produced. After one pays a patent attorney maybe $5000 there is still the patent fees which are not cheap anymore. If you click on Goggle, then on more, then on even more and scroll down you will find patent search. If you browse through patents you will see what I mean by unproductive patents. -- Tex

[Cyberthrasher]

I caught a story on NPR last week that covered the subject of patent trolling. I thought you all would find this of interest.

http://www.npr.org/b...attack-part-two

That one hit pretty close to home considering I deal with that technology and EMC daily. Interesting to see what they went through on that. Though, some portions of that are technically wrong - but that's a discussion for a different group.

[BIGGUNDOCTOR]

The patent process in the USA is flawed, and needs to be renovated. I know a couple of former customers who told me that they would never get another patent. Lots of money for little protection.

[JustKate]

That one hit pretty close to home considering I deal with that technology and EMC daily. Interesting to see what they went through on that. Though, some portions of that are technically wrong - but that's a discussion for a different group.

And I already know what you're talking about, but yes, that would be better taken to another group.

The story does a pretty good job of describing the "blind spot" in the patent office's review process, and how patent trolls can just about get a patent on anything if they drive it through that blind spot. I also found it interesting to note that some of them are doing more than just making idle threats to sue in order to coerce some kind of monetary settlement. They're actually taking some of these cases to court.

But it seems to me the scumbag that approached the OP of this discussion is an amateur at this sort of thing. I still agree with those who advise to ignore him unless the accuser finds an attorney willing to risk their reputation on a frivolous lawsuit.

[Boriqua]

He is one of the reasons they make spam filters. He would be in mine

[kwelna]

I have ben through the patent process once in my life. My design ended up not being patentable (Not unique enough). Spend the $100 - $250 and talk to a patent lawer, it is a great education and he can draft an "Up Yours" letter for this guy. He sent this by email? He will need to send you a letter to cease and desist before he can even start the ball rolling to defend his patent (I was told the cost to defend a patent starts at $2000,000). You do the math, it ain't worth it. I would do nothing until you receive this document by mail and talk to a patent lawyer. There is a growing business in being a "Patent Troll" which is what this guy is doing.