Legal Question in Intellectual Property in Ohio

Hi, I have an issue with an online vendor. They have contacted me telling me they have a "design patent pending" on the awareness ribbons (you know, like the pink ribbon for breast cancer awareness and such). I contacted them to say I did not think they could patent the design of the ribbon, and they contacted me back saying they will be forced to take legal action if I do not stop offering my product. My produce is a handpainted wood cutout, about 2 inches long, that is a refrigerator magnet. Their product is also made of wood, but is a wall decoration and is about 18" long, and generally has writing on it. Are they correct, and I must stop selling my awareness magnets? Or is the design of the awareness ribbon even able to be patented? Thank you.


Asked on 9/09/09, 4:38 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

When you say they "contacted" you, do you mean you got a cease and desist letter from their lawyer? If you did not get a C&D letter from a lawyer, I would not take their accusation particularly seriously.

You will need to have a lawyer look at the letter, look into the patent application, look at your product, and give you an opinion how to proceed. There is no need to assume you must stop selling your product until your own attorney advises you to do so.

The answer I gave you is only under Federal IP laws, but bear in mind that Ohio state laws may also apply.

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Answered on 9/09/09, 6:17 pm


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