Intellectual Property Law

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I paid a IP law firm to search for patents on a particular…

Customer Question
I paid a IP...

I paid a IP law firm to search for patents on a particular art design using a particular medium. They found no issues and filed for patent. I spent a few thousand dollars developing my project/website/business. I now find that the product is out there, same idea, same design, different medium. Copyrighted and licensed. Do I have a lawsuit against my lawyer?

Lawyer's Assistant: What's the invention's purpose?

Sport collector's item

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

No - asking you first

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Wouldn't a patent attorney forewarn about copyright and licensing as well as patent -- or advise that patent is not what you really need?

Submitted: 7 months ago.Category: Intellectual Property Law
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Answered in 5 minutes by:
9/29/2017
IP Lawyer: Infolawyer, Lawyer replied 7 months ago
Infolawyer
Infolawyer, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 61,560
Experience: Experienced lawyer
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Hello and welcome. I am working on your answer and will be right back!

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IP Lawyer: Infolawyer, Lawyer replied 7 months ago

If the lawyer failed to disclose an earlier IP, yes.

If the IP post dates the search, then you have a claim against the violating IP

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Customer reply replied 7 months ago
what do you mean by earlier IP? Earlier patent? Earlier copyright? Earlier license to sell nearly identical product?
IP Lawyer: Infolawyer, Lawyer replied 7 months ago

If the conflicting product post dates the search, then the lawyer is not at fault. If pre dates, he may be if should have uncovered it.

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IP Lawyer: Infolawyer, Lawyer replied 7 months ago
Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 7 months ago
that's part of the original question . . . should he have covered it, whether it be a licensing, copright, or paten issue?
IP Lawyer: Infolawyer, Lawyer replied 7 months ago

He should have uncovered if the product was registered. if only business use and not registered, it depends on whether lawyer was asked to search that too but such searches tend to be more difficult since are largely google and online searches by name.

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Customer reply replied 7 months ago
34;registered" would mean copyright, I assume. So does one also "register" for a license to sell a product! And can that license holder sue you if you sell a virtually identical product?
IP Lawyer: Infolawyer, Lawyer replied 7 months ago

register the mark, but not the license. License is normally a private agreement and lawyer would not find it.

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IP Lawyer: Infolawyer, Lawyer replied 7 months ago

License violations tend to be private cause of action in court.

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IP Lawyer: Infolawyer, Lawyer replied 7 months ago
Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 7 months ago
if the product is copyrighted, trademarked, or patented, the IP lawyer should have found it (if similar enough) and advised?
IP Lawyer: Infolawyer, Lawyer replied 7 months ago

Yes

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Customer reply replied 7 months ago
The PGA has a license to sell a near-identical product. Don't suppose I should take my chances against a deep pocket on a well-dressed body?
IP Lawyer: Infolawyer, Lawyer replied 7 months ago

I would give it a shot especially if you use counsel to negotiate on contingency or flat fee.

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IP Lawyer: Infolawyer, Lawyer replied 7 months ago

Kindly take a moment to rate me 5 stars on your screen.

Good luck!!

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IP Lawyer: Infolawyer, Lawyer replied 7 months ago
Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 7 months ago
confused as to why I would take my chances in duplicating a PGA-licensed product as long as I have lawyer on stand by -- sounds like I'm just waiting for them to put me on notice that I'm violating someone's copyright. Other than that , you've answered the original question adequately and I appreciate it.
IP Lawyer: Infolawyer, Lawyer replied 7 months ago

I would not take any chances. I would not risk violating any mark of another. Practically, it may make sense to work out an arrangement between the sides. Kindly click on a 5 star rating for my answers.

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