Patent Infringement: Shotgun Concho Dog Collar

[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.

[digdug18]

I'm more of a proactive person, though It's gotten me in trouble in the past as well...

If it were me, I'd copyright the name Grizzly Gear, Grizzly dog collars, Adam Erwin Benjamin Leathercrafting, etc. Then send him a nice letter from a lawyer asking him to please stop using that name, that it infringed your copyright.... I'm sure he would appreciate it.

[Thor]

I did notice that in the thumbnail of the design patten it says as shown below. Well what is shown below is 7 conchos on a band so use any number except 7 and you are not infringing on his patten

Patent refers to a dog collar and not just any type of strap or belt. That is very specific.

I did a few minutes of searching and found these...

Mind you, they may, or may not actually be the same person referenced above.

I found nothing useful search with "Grizzly Collars"

USPTO <-- patent information

Wyoming Inventors <-- patent information

MyLife.com <--- a people search for the same same, city, and state listed in the patent information

Etsy.com <-- a very empty etsy page..

Change.org <-- some petition he signed

This is all public information and was found with a simple search.

I did some brief search too and thought you might like to know. According to his picture on Etsy, this would be him, unless there is another Adam Benjamin in Cheyenne, WY

Source: http://www.custislaw.net/home/criminal-lawyer-news-3-recent-plea-deals-in-wyoming.html

3. Man Accepts Plea Deal In Sex Abuse Case

The Wyoming Tribune Eagle reports that police arrested 37-year-old Adam Benjamin for molesting a 9-year-old girl. When investigators interviewed the girl, they learned that the abuse stretched back for two years. He faced nine counts of sexual abuse of a minor and faced a maximum of 270 years in jail.

This month, Benjamin accepted a deal that could land him in prison for 40 years. The deal spares the victim from testifying in court and reliving the trauma.

If you face criminal charges in Wyoming, you’ll need a savvy lawyer to stand by you in court and look out for your best interests. At the Law Offices of Dion J. Custis, P.C., we have extensive experience trying a variety of criminal cases including DUI, sexual assault, domestic violence and drug crimes. To schedule a consultation, call us at 1-307-638-2442.

You won't hear of him for a long time, cause:

Source: http://www.wyomingnews.com/articles/2014/06/27/news/20local_06-27-14.txt#.VPwJk9_0-Mk

Local man gets 40 years for sexually abusing 9-year-old

CHEYENNE -- It was an emotional day in court Thursday for the family of a 9-year-old girl who was sexually assaulted for nearly two years by a close family friend.

Adam Benjamin, 37, of Cheyenne, initially faced up to 270 years in prison on three felony counts of first-degree sexual abuse of a minor and six felony counts of second-degree sexual abuse of a minor.

On Thursday, Benjamin was given two consecutive sentences of 17.5 to 20 years in prison on two felony charges of second-degree sexual abuse of a minor.

When Benjamin completes his first prison sentence, the second one will begin.

The other seven charges were dismissed as part of Benjamin pleading guilty March 20.

Before hearing his fate, Benjamin listened as the victim's mother spoke about how his intrusion has affected the family, especially the girl.

"Adam, you manipulated us by the extent of love. The thought of us ever being able to trust again is nonexistent," she said through tears.

"You took your hatred of your own life and put it on ours. I stand here to tell you, monsters like you are the plague of this society, and there is a special place in hell for you when your life on Earth is over."

The victim's mother told Judge Catherine Rogers that her daughter escaped to the world of art to help cope with the severe depression and to suppress urges to commit suicide. The mother gave Rogers a sample drawing her daughter drew for the court.

Donald Miller, Benjamin's attorney, told the court that his client has had a long history of physical, mental and sexual abuse from the young age of 4 at the hands of his parents. Miller added that some of the sexual abuse included having to engage in sexual favors for food.

"We think because of his lifelong history that he became fixated on the age group he was first sexually assaulted," Miller said.

"He has tried several times to deal with the issue and is very regretful for what has happened. He wants to go to prison, for the minimum of 10 years, to get the help and make sure it never happens again."

Benjamin agreed with Miller's statement but added that he was very sorry for what he did to the girl.

"I was hoping she would be here so I could tell her directly that I am very sorry for what I put her through. It was never my intention to do any of this," Benjamin said.

"I want to try and fix what is broken inside."

Benjamin went on to say he wasn't a predator of children, a comment Judge Rogers disliked.

"I know you know this, Mr. Benjamin, but you have stolen something very sacred and precious from this girl ... her youth," she said. "She is not a child anymore. You are an adult, and you violated every trust there was. You violated her right to innocence; how can she ever trust again?"

Furthermore, Rogers said, "You made the comment that you aren't a predator. Well Mr. Benjamin, you are a predator, and I don't find probation or a treatment facility appropriate in this case." At that point, Rogers handed down the two prison sentences.

In addition, Benjamin was ordered to pay about $5,000 in restitution.

Court documents show:

On June 14, 2013, a Cheyenne Police detective was called to help with an investigation of child sexual abuse against a 9-year-old girl. The detective talked to the mother, who said that afternoon she got home from the store and saw Benjamin sexually assaulting her daughter.

The woman yelled at Benjamin, and he immediately crouched on the floor while the girl hid her face under a blanket. The mother started arguing with Benjamin before removing her daughter from the house and calling police.

Several days later, the victim was forensically interviewed, and she said she had been assaulted by Benjamin for about two years.

The assaults reportedly occurred from January 2011 to June 2013. After the first incident, Benjamin told the girl not to tell her mother, and that, "It'll be our little secret," court documents say.

Published on: Thursday, Jun 26, 2014 - 11:56:39 pm MDT

[RMB Custom Leather]

wow

[TwinOaks]

Karma definitely ran over his dogma

[Boriqua]

No way! Damn that was better than a movie ending. What a twist! Heart goes out to poor little girl though ... hope he gets his in the end.

[camano ridge]

If it is him, now he will have more time to bother people with his patent using the free internet he will have access to provide to him by us.

THor. When looking at the patent the patent itself does not state Dog Collar it states band with cartridge element. He has tried to use that description to make claims against anyone making any kind of band belt or bracelet. The term Dog collar is only shown under references reviewed by the examiners. But as far as I am concerned it is a moot point.

[stangman645]

I have a lawyer that works with me and he is good with the patent things. He holds several and as long as yours is different than the individual claiming infringement you're ok. If you use a wider size and fewer or more conchos you have a different product.

[chriscraft]

From my understanding on patents, all have key points that make it unique. Each key point has to be changed 51% if one wanted to attemt to copy without infringement. Like mentioned, today it takes a bunch of money to have a patent. Most companies don't bother with wording or design patents as that would be tossing cash out the window. Instead, they focus on unique materials used such as metals, chemical products and man made materials. Now if one was to alter it by 51% you end up with a material that might be useless. When using natural material such as wood, leather, I don't think anyone can own a patent on such materials.

[Thor]

If it is him, now he will have more time to bother people with his patent using the free internet he will have access to provide to him by us.

THor. When looking at the patent the patent itself does not state Dog Collar it states band with cartridge element. He has tried to use that description to make claims against anyone making any kind of band belt or bracelet. The term Dog collar is only shown under references reviewed by the examiners. But as far as I am concerned it is a moot point.

You are right about the description. I like the topic in itself as it can happen to anyone here, so I want to touch on this a bit more.

The source for legal ramification would be the claim he makes in his patent. "CLAIM The ornamental design for a band having spaced bullet cartridge elements, as shown and described."

The words bullet cartridge, shown and described are the basis for his claim. However, the description is further limited by the stated references as well as the drawings. The description is the substance for the claim. This is what this individual didn't understand. His drawings show a dog collar, very easily identifiable by the d-ring in Fig. 1, 3, 4, 5, 6 and 7. I probably wouldn't make a belt with a d-ring instead of a loop. Further, his design is limited to a certain type of shotgun shell concho. His doesn't show an outer line border. Compare these https://www.google.de/search?q=shotgun+concho&num=50&newwindow=1&client=ubuntu&espv=2&source=lnms&tbm=isch&sa=X&ei=cir9VKw06-bJA8WTgfgG&ved=0CAcQ_AUoAQ&biw=1345&bih=823&gws_rd=cr

Therefore the design is already changed by using a different type concho. Further, like one person stated prior, there is a substantial difference between a bullet and a shotgun shell. The description is missing the keyword "alterations" which would make it more difficult. He kept his description brief and referred to the drawings, which makes them part of the description. Also a concho has never been a part of a bullet cartridge. It is an individual element manufactured by a company for decoration purposes and is only designed like the head portion of a bullet cartridge. Therefore it has never been an element of such. The story ends here already.

Next, if the design is inspected thoroughly one can see a certain and repeatedly same distance from the edge of the concho to the edge of the band. This would have to be measured or given a percentage, but a change in this distance would also change the design and so on...

I wouldn't even bother to patent such a design. There's nothing to patent just as much as there is no point to patent something if one is not getting specific about it.

I don't know for the US, but Canada and Germany are pretty much the same. If there is something out there that is somewhat the same, you're not able to patent. It looks like this is what the examiners in this case were trying to do as they cited various styles, of which non related to a dog collar, but belts and jewelry.

On a side note, this is just a US patent and not an international patent. For a very basic insight this problematic please refer to http://en.wikipedia.org/wiki/TRIPS_Agreement. One can see that from the 192 independent countries 158 countries agreed to this treaty. The remainder (34 countries) doesn't have to care about intellectual property from other countries. Further the individual patent must be valid for at least 20 years, which is rare, to fall under the protection of this treaty. This one clearly doesn't. Therefore, if a Canadian decides to make and sell it within Canada, it's not a problem.

I am waiting for someone to patent onions or pickles on a burger or the way how to add ketchup or mustard...