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Patent Infrignment

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?

Message 1 of 67
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Patent Infrignment


@1vip-30 wrote:

Yes that is the next step unless they stop selling them.


They are not going to stop selling copies of your item. If you look on Amazon I suspect you will find copies there as well. Consult an attorney. You might have a VeRO rights claim but you need to make the proper notifications to Ebay (and maybe Amazon as well). 

Message 46 of 67
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Patent Infrignment

what's great about amazon if you have listed a product they do not allow another with the same item with ebay not the case and not easy to remove items looking into VeRo now will litigate if no other option 

Message 47 of 67
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Patent Infrignment

@1vip-30  Go back and answer the two questions from post 42.  If the answer is NO to both questions you have no grounds for anything.

Message 48 of 67
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Patent Infrignment

If some Chinese factory is cranking out clones of your device then you really probably want to go after them, I imagine they aren't just on ebay but are probably on store shelves worldwide at this point. Going after the people who might be completely innocent in selling them, having no idea they are clones isn't going to fix your real problem. 

Message 49 of 67
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Patent Infrignment

Product sold in USA is my focus for now 

Message 50 of 67
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Patent Infrignment

In your thinking 

Message 51 of 67
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Patent Infrignment

Seems like a no win situation. If the patent isn't earning you money anymore then trying to fight already released and likely widespread Chinese built copies isn't going to make it start earning money again for you and the time and money doing so would just be wasted. 

 

If it is still earning you money then it seems like a job for a lawyer to me. 

 

Quite likely that whatever factory built the real ones for you is now building the fakes as well.

Message 52 of 67
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Patent Infrignment


@1vip-30 wrote:

In your thinking 


So you refuse to answer the question as to weather the people are changing your logo and/or using your item as if they made it? We need answers to get you in the right direction. So far nothing you wrote is grounds for a lawsuit or an Ebay removal.

Message 53 of 67
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Patent Infrignment

selling a patented product without my approval, permission or compensation 

Message 54 of 67
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Patent Infrignment

Yes working on it Thanks 

Message 55 of 67
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Patent Infrignment

Nope. You may want to read up on that.  Unless they are manufacturing your item and removing to the logos and calling it their invention. You still have not answered the vital questions: did they remove your logos and replace it with theirs? Did they mention that it was their invention and use your parts to make it?

Message 56 of 67
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Patent Infrignment

Thanks I have the information I need

Message 57 of 67
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Patent Infrignment

OK so since the only answer you received to your question was to get ahold of a lawyer I suspect that is what you did. They will ask you the same question I did though. As far as Ebay goes you need to sign up with VERO. Good luck !

Message 58 of 67
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Patent Infrignment


@1vip-30 wrote:

what's great about amazon if you have listed a product they do not allow another with the same item with ebay not the case and not easy to remove items looking into VeRo now will litigate if no other option 


Explain that a bit more please.  I have things posted on Amazon and there are other sellers selling the same thing.  


mam98031  â€¢  Volunteer Community Member  â€¢  Buyer/Seller since 1999
Message 59 of 67
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Patent Infrignment

My thinking since my one product of its design is on the site they are vetting all  future submission for patent infrigement.

Message 60 of 67
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