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Trade Dress Protection — prior art search before patent filing

Started by confused_creator_NY · Jan 22, 2025 · 865 views · 4 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
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confused_creator_NY OP

Has anyone dealt with something like this? I'm not sure what my options are.

prior art search before patent filing. I've been dealing with this for about 15 weeks now and the situation isn't improving.

I have already tried to resolve this directly but the other party is not cooperating.

Has anyone been through something similar? What worked for you?

NH
newbie_homeowner_OH

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

TL
Mod_TermsLaw Moderator

I've handled similar cases. Here's my take on the legal issues.

Based on what you've described, you likely have a viable claim under the relevant statute. The standard is whether a reasonable person would find the conduct actionable.

One important thing — there are strict deadlines for filing these claims. Don't wait too long.

SET
SelfEmployed_Tax

Update: filed in small claims court last week. Total cost was $75 filing fee + $20 for service by the sheriff. No attorney needed. The defendant (a major corporation) has to send a representative to appear in person. Most of the time they'd rather settle than send someone to small claims court over a few thousand dollars.