Patent Infrignment

[1vip-30]

I have identified several individuals of infringement of my patent device hand held electric shoe shiner Patent number 8,904,587.

question is how do I have them removed from ebay post?

[johnrj1226]

In the US patents do expire - here is the general policy -

"How Long Do IPR Rights Last?   A U.S. utility patent, explained above, is generally granted for 20 years from the date the patent application is filed; however, periodic fees are required to maintain the enforceability of the patent"

[johnrj1226]

Sears might have sold them under one of their brand names but Sears didn't make em.  Kinda' like Equate brand stuff  at  Walmart, etc. or Kroger branded stuff - like Kroger Raisin Bran Crunch that I  buy 'cause it is cheaper than the name brand & almost  as good - it just makes me a regular guy - '44 models need all the help they can get.

[maxine*j]

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@1vip-30 wrote:

Well i had walmart to take down another person selling it on there site without my approval so not sure what your talking about 

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I may buy one of your devices for my personal use and then, if I no longer want it for some reason, I may resell it.  That is the First Sale Doctrine, long established in law and part of the U.S. Uniform Commerical Code (codified at 17 U.S.C. § 109).

That is why you can resell a book you're read, a car you no longer want to drive, the shirt that doesn't fit you, the hideous tie you got for your birthday, or any other consumer item that you legally obtained, by purchase or gift.

You can control the initial sale of your hair-cutting device by authorizing distributors, but you cannot control the resale of the devices by people who bought them for their own use.

You don't have to believe me.  Talk to your own lawyer about this.  Read the USC cited.

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[1vip-30]

This involves new continued product sell is the issue here 

[mam98031]

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@1vip-30 wrote:

Well i had walmart to take down another person selling it on there site without my approval so not sure what your talking about 

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That would mean that many items being sold on Ebay could not be sold here or anywhere else because there is a patent on the item.  

Sometimes when an item gets taken down siting patent infringement, it is wrong.  But the path to battling it is long and hard.

I have several stories of something being removed on my listings that was not correct, but battling that when it is a Vero take down is beyond hard.

[itsjustasprain]

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@1vip-30 wrote:

This involves new continued product sell is the issue here 

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So are you saying that the products being sold here are COPIES of ones that you produce - or are they your own products being sold as new?

[monica-sells]

"...This involves new continued product sell is the issue here ..."

as I said in my initial post, this is one of the things that you can address.....

the keyword here is "continued"....

you can't stop one person from selling one piece that they bought for personal use.....

so you are implying that sellers on amazon, walmart, ebay, etsy, etc.....that sell your product continuously, are NOT "authorized" resellers of your product? You do not have distributors/wholesalers?

I am professionally curious though.....If that is the case, then these sellers are buying these at retail (from you) to resell, and ultimately YOU are getting the revenue from the retail sale.......

why would you not want them selling for you for more than retail? They certainly can't be selling them for less than you?

[maxine*j]

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@1vip-30 wrote:

This involves new continued product sell is the issue here 

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Are you saying that these sellers have inventories of brand new shoe-polishers for sale?   How did they obtain all these new shoe-polishers from you in order to sell them?   Do you have authorized distributors? 

Just because Walmart went along with you and took down some sales does not mean that Walmart was right in doing so, by the way.  Sadly, some marketplaces seem as ignorant of the First Sale Doctrine as many individuals are;  either that, or they just avoid decision-making and give in to improper and undue pressure.

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[maxine*j]

Yes, and the war on the First Sale Doctrine is relentless, and waged by those who know their weapons are greater than those of the ones trying to defend it.

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[coolections]

I believe for someone to be infringing on your copyright they need to be using your patent and making their own. Are the people selling your items that they bought and just reselling them? Is it actually people violating your rights and using your idea and logos to sell their own pretending to be yours?

[monica-sells]

I"... believe for someone to be infringing on your copyright they need to be using your patent and making their own. Are the people selling your items that they bought and just reselling them? Is it actually people violating your rights and using your idea and logos to sell their own pretending to be yours?..."

Finally, maybe the OP can understand this statement......Thank You

(sometimes it's like getting a tooth pulled getting the right answer)

[maxine*j]

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@coolections wrote:

I believe for someone to be infringing on your copyright they need to be using your patent and making their own. Are the people selling your items that they bought and just reselling them? Is it actually people violating your rights and using your idea and logos to sell their own pretending to be yours?

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Exactly.  Which is why I said earlier:  " ...  how many of that long list of eBay members [which list was, properly, deleted] would be manufacturing a shoe-shining device that either copies or uses elements from OP's patent-protected device?"  The answer is, I wagered then and still do, "None of them."

Like you, I believe OP is unclear on what "patent infringement" entails.

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[maxine*j]

And I tried to add to the above, but ran out of time:

OP patented his device in 2014.  If we say it went into production in 2015, there must be a great many of these on the resale market by now, some still new in their boxes and some well-used.

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[donsdetour]

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@1vip-30 wrote:

This involves new continued product sell is the issue here 

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Were is it being manufactured??

[donsdetour]

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@1vip-30 wrote:

I have identified several individuals of infringement of my patent device hand held electric shoe shiner Patent number 8,904,587.

question is how do I have them removed from ebay post?

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Roflol:

Will I can see no one patent a DC shoe polisher prior to yours.

Wounder when it was patent in china??