Design Patent Lawyers
Can I sue ebay for allowing patent and trademark infringing items to be sold on ebay? Any lawyers interested?
I have a small company that designs products and makes them in the U.S and provides work for the developmentally disabled. There are sellers on eBay who are selling exact duplicates (knock-offs) of our Patented Items and using out Trademarked logos and Copyrighted images and graphics. I have followed eBay policy and have gone through all the steps of their Vero Program yet they have not removed the listings. I then wrote letters to their new CEO, John Donahoe and Chairman/Founder, Pierre Omidyar yet still no reply or actions. I know the next step would be to sue them but they have very deep pockets. I wonder if others have experienced similar situations. eBay allows all kings of proprietary items to be sold and it seems to go unchallenged. Are they just so large that they can allow whatever they choose to without fear of consequences? Is there a class action suite possible here? I sure would like to know. Any help would be greatly appreciated.
I think your dispute is with the sellers selling the items. You might be able to accuse Ebay of contributory infringement, but I’m not sure you want to bring their deep pockets into the game.
Have you asked the attorneys that helped you get the patents and Trademarks?
Beware that patent infringement suits can cost cost hundreds of thousands.
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