Legal Question in Intellectual Property in California

A manufacturing company is trying to sell a product that belongs to me and they know very well that I have a patent pending on. They stole the picture of this product from my website and provided the stores that sells their products with it. These other stores put the picture on their websites but they are selling this other companies pans, not mine. But since the products are identical, no one suspects that the pictures were stolen. I printed the webpages of these stores and called them to put the picture down. They all said that the manufacturing company provided them with the pictures. I have asked a lawyer to send them a cease and desist letter which they did not listen to.

I was advised to file for a petition to make my patent special so that it gets issued quickly and agree to a licensing agreement with this company. But I can not see my self shaking hands with this manufacturing company after what they did. I was advised by a patent lawyer not to sue because suing this company will cost me a lot of money that I do not have. Is there anything else that I can do? How does having a patent really protect me if a company like this disrespects it only because they know that I will not be able to sue them?


Asked on 3/13/11, 7:22 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You should ask your lawyer to take the next step to defend your rights, or give you an explanation as to why that is not appropriate. If you don't get satisfactory answers in a timely fashion, perhaps you should look for a new lawyer. Patent-defense cases don't often march forward promptly, however. Also, keep track of your damages so you can document the amount if it comes to trial or settlement talks.

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Answered on 3/13/11, 2:37 pm


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