Can they be sued for advertising patent pending?
One of our competitors claims that their product is patent pending. We have looked into this issue and as best we can tell no valid patent has been issued or is pending. Is it illegal for them to advertise patent protection when they do not have it? What can we do to stop them from making this false claim?
Answered By: Nelson & Lawless
Illegal is not the issue. They can do anything they like, including issuing cease and desist letters, or suing you for infringement. If they are seriously threatening to do so, you should consult with local IP litigation counsel and take his advise about what to do in response to their demand. He will need to discuss with you ALL the facts and issues.
Answer Applies to: California
Replied: 8/17/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/17/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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