Legal Question in Intellectual Property in Washington
Hello, I am a small town girl operating a small online retail business selling items on ebay. One of my items has been removed claiming it violates an international patent and is a counterfeit/knock off of a name brand item. The item is a womens g-string panty with a lace waistband and a strand of faux pearls as the "g". The patented item looks "similar" to mine but the waistband is wider, the strand of pearls are genuine from Spain and are fixed to the waistband. My item has a narrower waistband with a different design lace, the pearls are obviously fake and they have a clasp that detaches. In my listing I DO NOT refer to the patented company (or as seen on Sex in the City or Playboy as theirs has been), I indicate the pearls are faux, I don't even call it a "pearl thong" and in my photo I show a close up of the clasp. I have contacted them for information but I get the same email back that has an air of arrogance to it that "they have an international patent on the "pearl thong, g-string etc." as seen in Sex in the City and Playboy....". I realize I have to pick my battles and this isn't one I'm likely to take on and win but I feel bullied and was wondering if I was truly breaking the law? Thank you in advance for your time and consideration. Lisa
1 Answer from Attorneys
Any attorney will say it is difficult to say without examining what you are selling and comparing it with the claims made in the "alleged" patent by the patent holder. The alleged patent, if it exists at all, is most like just a design patent, so it would only protect the exact look of the g-string. Yours, it seems, is different.
Your real problem is with eBay. Once they take a position, they are like the Titanic and not likely (or able) to change course. Consult with an attorney in your area for specifics.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
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