Design Patents Infringement
Copyrights Infringement?
Our company has designed a new product and have them mass-produced in China somewhile ago and sold currently in USA. We’ve abondoned the project because there has been a problem found in the product. But the China factory is now upgrading the product and slightly altered the outer appearance and sell the product through other client in US. Is there anyway to file a lawsuit about it? Who should I file the lawsuit to, the manufacturer or the client here in US? We don’t make any patent or make any design copyrights before. Can we win the case? Look forward to hear from you again soon.”
If you did not take a patent on the product when you sent it to the Chinese firm, you are quite out of luck.
I recommend immediately contacting a qualified intellectual property law firm for further guidance. You MAY be able to save your legal backside with a quick ‘patent pending’ file.
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