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Trade Dress Protection — prior art search before patent filing

Started by seeking_advice_parent_today · Oct 7, 2022 · 3,495 views · 5 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
SA
seeking_advice_parent_today OP

Quick background on my situation — any input appreciated.

prior art search before patent filing. I've been dealing with this for about 16 months now and the situation isn't improving.

I have already consulted briefly with a lawyer but did not get a clear answer.

What's the typical outcome in situations like this?

FT
first_time_employee_IL

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

GL
GigWorker_LA

I've seen this play out several times in my field.

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

CB
confused_business_owner_2022

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

TL
Mod_TermsLaw Moderator

Attorney here. Here's my take on the legal issues.

This is a common situation and the law is fairly clear. Under the relevant statute, actionable.

You should consult with a local attorney who handles these cases. Many offer free initial consultations.

SA
seeking_advice_seller_2024

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

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